Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB0171  100th General Assembly

HB0171ham001 100TH GENERAL ASSEMBLY

Rep. Sam Yingling

Filed: 6/28/2017

 

 


 

 


 
10000HB0171ham001LRB100 03840 AWJ 27799 a

1
AMENDMENT TO HOUSE BILL 171

2    AMENDMENT NO. ______. Amend House Bill 171 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. If and only if Senate Bill 3 of the 100th
5General Assembly becomes law and House Bill 607 of the 100th
6General Assembly becomes law, then the Election Code is amended
7by changing Section 28-7 as follows:
 
8    (10 ILCS 5/28-7)  (from Ch. 46, par. 28-7)
9    Sec. 28-7. Except as provided in Sections 22-12 and 23-17
10of the Township Code, in In any case in which Article VII or
11paragraph (a) of Section 5 of the Transition Schedule of the
12Constitution authorizes any action to be taken by or with
13respect to any unit of local government, as defined in Section
141 of Article VII of the Constitution, by or subject to approval
15by referendum, any such public question shall be initiated in
16accordance with this Section.

 

 

10000HB0171ham001- 2 -LRB100 03840 AWJ 27799 a

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

 

 

10000HB0171ham001- 3 -LRB100 03840 AWJ 27799 a

1provided that in any municipality a referendum to elect not to
2be a home rule unit may be held only once within any 47-month
3period.
4(Source: P.A. 97-81, eff. 7-5-11.)
 
5    Section 10. If and only if Senate Bill 3 of the 100th
6General Assembly becomes law and House Bill 607 of the 100th
7General Assembly becomes law, then the Township Code is amended
8by changing Sections 22-10 and 23-15 and by adding Sections
922-12 and 23-17 as follows:
 
10    (60 ILCS 1/22-10)
11    Sec. 22-10. Referendum.
12    (a) Upon the adoption of resolutions under Section 22-5 by
13each township or the submission of petitions meeting the
14requirements of Section 22-12, the township boards shall
15certify the question to the proper election authority, or the
16circuit court for the county in which each township is located
17shall certify the question to the proper election authority for
18submission of petitions meeting the requirements of Section
1922-12, and the authority shall cause to be submitted to the
20voters of each township at the general election specified in
21the resolutions or petitions a referendum to consolidate the
22townships. The referendum shall be substantially in the
23following form:
24        Shall (names of townships) be consolidated into [a new

 

 

10000HB0171ham001- 4 -LRB100 03840 AWJ 27799 a

1    township called (name of proposed consolidated
2    township)/the township of (name of existing township)]?
3    The votes shall be recorded as "Yes" or "No".
4    A The referendum initiated upon the adoption of resolutions
5under Section 22-5 is approved when a majority of the voters,
6in each of the affected townships, approve the referendum. A
7referendum initiated by petitions meeting the requirements of
8Section 22-12 is approved when 60% of the voters, in each of
9the 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

 

 

10000HB0171ham001- 5 -LRB100 03840 AWJ 27799 a

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(Source: 100SB0003enr.)
 
6    (60 ILCS 1/22-12 new)
7    Sec. 22-12. Voter-initiated township consolidation.
8    (a) In the counties of Cass, Henderson, and Cumberland, a
9referendum to propose township consolidation under this
10Article may also be initiated by petitions meeting the
11requirements of subsection (b).
12    (b) Subject to the petition requirements of the Election
13Code, petitions for a referendum to consolidate under this
14Section must be filed with the circuit court for the county in
15which the affected townships are located not less than 122 days
16prior to the election at which the referendum will be voted. A
17petition must be filed for each consolidating township and
18shall be signed by not less than 10% of the total number of
19electors voting at the last general election in each township.
20All signatures gathered must be signed within 365 days prior to
21the filing of the petitions.
22    (c) Upon filing the petitions with the circuit court, the
23parties so filing shall publish notice in a newspaper of
24general circulation within the territory of the townships
25affected. Failure to publish the required notice of petitions

 

 

10000HB0171ham001- 6 -LRB100 03840 AWJ 27799 a

1shall render the petition, and the results of any referendum
2held on the petition, null and void.
3    (d) Upon the submission of petitions requesting township
4consolidation under this Section, the clerk of the circuit
5court shall submit copies of all the petitions to the governing
6board of each affected township. The clerk of the circuit court
7shall then certify the question to the proper election
8authorities in accordance with the Election Code.
9    (e) After certification of the question, each township
10board shall hold a public hearing on the matter of
11consolidation after notice of the hearing has been published on
12the main page of the townships' websites, if any, and in a
13newspaper having a general circulation in the townships
14affected. The notice shall be published at least 30 days before
15the date of the hearing. The notice shall contain, at a
16minimum, the name of all townships that will be consolidating
17and a description of the area of consolidation.
18    (f) A referendum under this Section may be held no earlier
19than the general election in the year 2020.
 
20    (60 ILCS 1/23-15)
21    Sec. 23-15. Referendum and notices.
22    (a) Upon the adoption of resolutions under Section 23-10 by
23all townships or the submission of petitions meeting the
24requirements of Section 23-17, the township boards shall
25certify the question to the proper election authority, or the

 

 

10000HB0171ham001- 7 -LRB100 03840 AWJ 27799 a

1circuit court for the county in which each township is located
2shall certify the question to the proper election authority for
3submission of petitions meeting the requirements of Section
423-17, and the authority shall cause to be submitted to the
5voters of all townships at the general election specified in
6the resolutions or petitions a referendum to consolidate the
7townships. The referendum shall be substantially in the
8following form:
9        Shall (name of dissolving township) be dissolved into
10    (names of receiving townships)?
11    The votes shall be recorded as "Yes" or "No".
12    A The referendum initiated upon the adoption of resolutions
13under Section 23-10 is approved when a majority of the voters,
14in each of the affected townships, approve the referendum. A
15referendum initiated by petitions meeting the requirements of
16Section 23-17 is approved when 60% of the voters, in each of
17the affected townships, approve the referendum.
18    (b) Before a referendum appears on the ballot under
19subsection (a), the township boards shall publish a copy of the
20adopted resolution on the main page of the townships' websites,
21if any, and in a newspaper having a general circulation in each
22of the townships affected. The notice shall be published at
23least 30 days before the date of the general election.
24    Each township board shall additionally mail a copy of the
25adopted resolution, along with a copy of the referendum
26language and a list of all taxes levied for general township

 

 

10000HB0171ham001- 8 -LRB100 03840 AWJ 27799 a

1purposes in the affected townships, to every registered voter
2in each township affected. The notice shall be mailed at least
330 days before the date of the general election in which the
4referendum will appear.
5    (c) Notwithstanding any provision of law to the contrary,
6no tax rate may be extended for any fund of the consolidated
7district for the first levy year of the consolidated district
8that exceeds any statutory maximum set forth for that fund,
9unless the referendum also conforms to the requirements of the
10Property Tax Extension Limitation Law or other statutory
11provision setting forth that limitation.
12(Source: 100SB0003enr.)
 
13    (60 ILCS 1/23-17 new)
14    Sec. 23-17. Voter-initiated township consolidation.
15    (a) In the counties of Cass, Henderson, and Cumberland, a
16referendum to propose township consolidation under this
17Article may also be initiated by petitions meeting the
18requirements of subsection (b).
19    (b) Subject to the petition requirements of the Election
20Code, petitions for a referendum to consolidate under this
21Section must be filed with the circuit court for the county in
22which the affected townships are located not less than 122 days
23prior to the election at which the referendum will be voted. A
24petition must be filed for each consolidating township and
25shall be signed by not less than 10% of the total number of

 

 

10000HB0171ham001- 9 -LRB100 03840 AWJ 27799 a

1electors voting at the last general election in each township.
2All signatures gathered must be signed within 365 days prior to
3the filing of the petitions.
4    (c) Upon filing the petitions with the circuit court, the
5parties so filing shall publish notice in a newspaper of
6general circulation within the territory of the townships
7affected. Failure to publish the required notice of petitions
8shall render the petition, and the results of any referendum
9held on the petition, null and void.
10    (d) Upon the submission of petitions requesting township
11consolidation under this Section, the clerk of the circuit
12court shall submit copies of all the petitions to the governing
13board of each affected township. The clerk of the circuit court
14shall then certify the question to the proper election
15authorities in accordance with the Election Code.
16    (e) After certification of the question, each township
17board shall hold a public hearing on the matter of
18consolidation after notice of the hearing has been published on
19the main page of the townships' websites, if any, and in a
20newspaper having a general circulation in the townships
21affected. The notice shall be published at least 30 days before
22the date of the hearing. The notice shall contain, at a
23minimum, the name of all townships that will be consolidating
24and a description of the area of consolidation.
25    (f) A referendum under this Section may be held no earlier
26than the general election in the year 2020.
 

 

 

10000HB0171ham001- 10 -LRB100 03840 AWJ 27799 a

1    Section 15. If and only if Senate Bill 3 of the 100th
2General Assembly becomes law and House Bill 607 of the 100th
3General Assembly becomes law, then the Illinois Highway Code is
4amended by changing Sections 6-134 and 6-135 and by adding
5Section 6-136 as follows:
 
6    (605 ILCS 5/6-134)
7    Sec. 6-134. Abolishing a road district. By resolution, of
8the board of trustees of any township located in a county with
9less than 3,000,000 inhabitants or by the submission of a
10petition meeting the requirements of Section 6-136 by electors
11of any township located in a county with less than 3,000,000
12inhabitants, a proposition to abolish the road district of that
13township may be submitted to the electors of that township, by
14the board of trustees if by resolution or by the circuit court
15if by petition, at a general election or consolidated election
16in accordance with the general election law. The ballot shall
17be in substantially the following form:
 
18---------
19    Shall the Road District of the Township of
20........... be abolished with all the rights,YES
21powers, duties, assets, property, liabilities,
22obligations, and responsibilities being assumed ---------
23by the Township of ........... ? NO

 

 

 

10000HB0171ham001- 11 -LRB100 03840 AWJ 27799 a

1---------
2    In the event that a majority of the electors voting on such
3proposition initiated by a majority of the township board of
4trustees are in favor thereof, then the road district shall be
5abolished on the January 1 following the approval of the
6referendum by operation of law effective 90 days after vote
7certification by the governing election authority or on the
8date the term of the highway commissioner in office at the time
9the proposition was approved by the electors expires, whichever
10is later. If 60% of the electors voting on a referendum
11initiated by a petition meeting the requirements of Section
126-136 are in favor of abolishing the township road district,
13then the road district is abolished on the January 1 following
14the approval of the referendum or on the date the term of the
15highway commissioner in office at the time the referendum was
16approved expires, whichever is later.
17    On that date, all the rights, powers, duties, assets,
18property, liabilities, obligations, and responsibilities of
19the road district shall by operation of law vest in and be
20assumed by the township. On that date, the township board of
21trustees shall assume all taxing authority of a road district
22abolished under this Section. On that date, any highway
23commissioner of the abolished road district shall cease to hold
24office, such term having been terminated. Thereafter, the
25township shall exercise all duties and responsibilities of the

 

 

10000HB0171ham001- 12 -LRB100 03840 AWJ 27799 a

1highway commissioner as provided in the Illinois Highway Code.
2The township board of trustees may enter into a contract with
3the county, a municipality, or a private contractor to
4administer the roads under its jurisdiction. The township board
5of trustees shall assume all taxing authority of a township
6road district abolished under this subsection. For purposes of
7distribution of revenue, the township shall assume the powers,
8duties, and obligations of the road district.
9(Source: 100HB0607enr.)
 
10    (605 ILCS 5/6-135)
11    Sec. 6-135. Abolishing a road district with less than 15
12miles of roads.
13    (a) Any township in a county with a population less than
143,000,000 may abolish a road district of that township if the
15roads of the road district are less than 15 miles in length, as
16determined by the county engineer or county superintendent of
17highways, by resolution of a majority of the board of trustees
18to submit a referendum to abolish the road district of that
19township or the submission of a petition meeting the
20requirements of Section 6-136. The referendum shall be
21submitted to the electors of that township at the next general
22election or consolidated election in accordance with the
23general election law. The ballot shall be in substantially the
24following form:
25--------

 

 

10000HB0171ham001- 13 -LRB100 03840 AWJ 27799 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 a the
8referendum initiated by a majority of the township board of
9trustees under subsection (a) of this Section are in favor of
10abolishing the township road district, then the road district
11is abolished on the January 1 following the approval of the
12referendum or on the date the term of the highway commissioner
13in office at the time the referendum was approved expires,
14whichever is later. If 60% of the electors voting on a
15referendum initiated by a petition meeting the requirements of
16Section 6-136 are in favor of abolishing the township road
17district, then the road district is abolished on the January 1
18following the approval of the referendum or on the date the
19term of the highway commissioner in office at the time the
20referendum was approved expires, whichever is later.
21    On the date of abolishment: all the rights, powers, duties,
22assets, property, liabilities, obligations, and
23responsibilities of the road district shall by operation of law
24vest in and be assumed by the township; the township board of
25trustees shall assume all taxing authority of a road district
26abolished under this Section; any highway commissioner of the

 

 

10000HB0171ham001- 14 -LRB100 03840 AWJ 27799 a

1abolished road district shall cease to hold office; the
2township shall exercise all duties and responsibilities of the
3highway commissioner as provided in the Illinois Highway Code;
4and for purposes of distribution of revenue, the township shall
5assume the powers, duties, and obligations of the road
6district. The township board of trustees may enter into a
7contract with the county, a municipality, or a private
8contractor to administer the roads added to its jurisdiction
9under this Section.
10(Source: 100SB0003enr.)
 
11    (605 ILCS 5/6-136 new)
12    Sec. 6-136. Voter-initiated road district consolidation.
13    (a) In the counties of Cass, Henderson, and Cumberland, a
14referendum to propose road district consolidation under
15Section 6-134 or 6-135 of this Code may also be initiated by a
16petition meeting the requirements of subsection (b) of this
17Section.
18    (b) To initiate a referendum under this Section, a petition
19must be filed with the circuit court for the county in which
20the township road district is located. The petition shall be
21signed by not less than 10% of the total number of electors
22voting at the last general election in the affected township
23road district.
24    (c) Upon the submission of a petition requesting township
25road district consolidation under this Section, the clerk of

 

 

10000HB0171ham001- 15 -LRB100 03840 AWJ 27799 a

1the circuit court shall submit copies of the petition to the
2governing board of the township road district. The clerk of the
3circuit court shall then certify the question to the proper
4election authorities in accordance with the Election Code and
5the question shall be submitted to the electors as provided in
6subsection (a) of Section 6-134 or subsection (a) of Section
76-135.
8    (d) The governing board of the affected road district and
9the governing board of the affected township must each hold a
10public hearing on the issue of consolidation no more than 60
11days prior to the general election at which the referendum
12under this Section shall be voted upon.
13    (e) A referendum under this Section may be held no earlier
14than the general election in the year 2020.".