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Full Text of HB0171  100th General Assembly

HB0171ham002 100TH GENERAL ASSEMBLY

Rep. Sam Yingling

Filed: 6/28/2017

 

 


 

 


 
10000HB0171ham002LRB100 03840 AWJ 27817 a

1
AMENDMENT TO HOUSE BILL 171

2    AMENDMENT NO. ______. Amend House Bill 171, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 1. Legislative intent. It is hereby declared as
6the intent of this amendatory Act of the 100th General Assembly
7to promote consolidation of redundant layers of government and
8to promote government efficiency.
 
9    Section 5. The Election Code is amended by changing
10Sections 28-1 and 28-7 and by adding Section 3-7 as follows:
 
11    (10 ILCS 5/3-7 new)
12    Sec. 3-7. Voters in consolidating and merging townships.
13    (a) In the consolidated election where township trustees
14are elected next following the certification of a successful
15referendum to consolidate townships under Article 22 of the

 

 

10000HB0171ham002- 2 -LRB100 03840 AWJ 27817 a

1Township Code, the qualified electors entitled to caucus, vote
2for, be nominated for, and run for offices in the consolidated
3township that is to be formed are those registered voters
4residing in any of the townships identified in the referendum
5as they exist prior to consolidation.
6    (b) In the consolidated election where township trustees
7are elected next following the certification of a successful
8referendum to dissolve a township and merge its territory into
92 adjacent townships under Article 23 of the Township Code, the
10qualified electors entitled to caucus, vote for, be nominated
11for, and run for offices in a receiving township shall also
12include those registered voters residing in the territory of
13the dissolving township described in the resolutions adopted
14under Section 23-10 of the Township Code or petitions filed
15under Section 23-17 of the Township Code as the territory to be
16merged with the receiving township. For purposes of this
17subsection (b) only, "dissolving township" and "receiving
18township" have the meaning provided in Section 23-5 of the
19Township Code.
 
20    (10 ILCS 5/28-1)  (from Ch. 46, par. 28-1)
21    Sec. 28-1. The initiation and submission of all public
22questions to be voted upon by the electors of the State or of
23any political subdivision or district or precinct or
24combination of precincts shall be subject to the provisions of
25this Article.

 

 

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1    Questions of public policy which have any legal effect
2shall be submitted to referendum only as authorized by a
3statute which so provides or by the Constitution. Advisory
4questions of public policy shall be submitted to referendum
5pursuant to Section 28-5 or pursuant to a statute which so
6provides.
7    The method of initiating the submission of a public
8question shall be as provided by the statute authorizing such
9public question, or as provided by the Constitution.
10    All public questions shall be initiated, submitted and
11printed on the ballot in the form required by Section 16-7 of
12this Act, except as may otherwise be specified in the statute
13authorizing a public question.
14    Whenever a statute provides for the initiation of a public
15question by a petition of electors, the provisions of such
16statute shall govern with respect to the number of signatures
17required, the qualifications of persons entitled to sign the
18petition, the contents of the petition, the officer with whom
19the petition must be filed, and the form of the question to be
20submitted. If such statute does not specify any of the
21foregoing petition requirements, the corresponding petition
22requirements of Section 28-6 shall govern such petition.
23    Irrespective of the method of initiation, not more than 3
24public questions other than (a) back door referenda, (b)
25referenda to determine whether a disconnection may take place
26where a city coterminous with a township is proposing to annex

 

 

10000HB0171ham002- 4 -LRB100 03840 AWJ 27817 a

1territory from an adjacent township, (c) referenda held under
2the provisions of the Property Tax Extension Limitation Law in
3the Property Tax Code, or (d) referenda held under Section
42-3002 of the Counties Code, or (e) referenda held under
5Article 22, 23, or 29 of the Township Code may be submitted to
6referendum with respect to a political subdivision at the same
7election.
8    If more than 3 propositions are timely initiated or
9certified for submission at an election with respect to a
10political subdivision, the first 3 validly initiated, by the
11filing of a petition or by the adoption of a resolution or
12ordinance of a political subdivision, as the case may be, shall
13be printed on the ballot and submitted at that election.
14However, except as expressly authorized by law not more than
15one proposition to change the form of government of a
16municipality pursuant to Article VII of the Constitution may be
17submitted at an election. If more than one such proposition is
18timely initiated or certified for submission at an election
19with respect to a municipality, the first validly initiated
20shall be the one printed on the ballot and submitted at that
21election.
22    No public question shall be submitted to the voters of a
23political subdivision at any regularly scheduled election at
24which such voters are not scheduled to cast votes for any
25candidates for nomination for, election to or retention in
26public office, except that if, in any existing or proposed

 

 

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1political subdivision in which the submission of a public
2question at a regularly scheduled election is desired, the
3voters of only a portion of such existing or proposed political
4subdivision are not scheduled to cast votes for nomination for,
5election to or retention in public office at such election, but
6the voters in one or more other portions of such existing or
7proposed political subdivision are scheduled to cast votes for
8nomination for, election to or retention in public office at
9such election, the public question shall be voted upon by all
10the qualified voters of the entire existing or proposed
11political subdivision at the election.
12    Not more than 3 advisory public questions may be submitted
13to the voters of the entire state at a general election. If
14more than 3 such advisory propositions are initiated, the first
153 timely and validly initiated shall be the questions printed
16on the ballot and submitted at that election; provided however,
17that a question for a proposed amendment to Article IV of the
18Constitution pursuant to Section 3, Article XIV of the
19Constitution, or for a question submitted under the Property
20Tax Cap Referendum Law, shall not be included in the foregoing
21limitation.
22(Source: P.A. 93-308, eff. 7-23-03.)
 
23    (10 ILCS 5/28-7)  (from Ch. 46, par. 28-7)
24    Sec. 28-7. Except as provided in Sections 22-12 and 23-17
25of the Township Code, in In any case in which Article VII or

 

 

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1paragraph (a) of Section 5 of the Transition Schedule of the
2Constitution authorizes any action to be taken by or with
3respect to any unit of local government, as defined in Section
41 of Article VII of the Constitution, by or subject to approval
5by referendum, any such public question shall be initiated in
6accordance with this Section.
7    Any such public question may be initiated by the governing
8body of the unit of local government by resolution or by the
9filing with the clerk or secretary of the governmental unit of
10a petition signed by a number of qualified electors equal to or
11greater than at least 8% of the total votes cast for candidates
12for Governor in the preceding gubernatorial election,
13requesting the submission of the proposal for such action to
14the voters of the governmental unit at a regular election.
15    If the action to be taken requires a referendum involving 2
16or more units of local government, the proposal shall be
17submitted to the voters of such governmental units by the
18election authorities with jurisdiction over the territory of
19the governmental units. Such multi-unit proposals may be
20initiated by appropriate resolutions by the respective
21governing bodies or by petitions of the voters of the several
22governmental units filed with the respective clerks or
23secretaries.
24    This Section is intended to provide a method of submission
25to referendum in all cases of proposals for actions which are
26authorized by Article VII of the Constitution by or subject to

 

 

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1approval by referendum and supersedes any conflicting
2statutory provisions except those contained in Section 22-12 of
3the Township Code, Section 23-17 of the Township Code, and
4Division 2-5 of the Counties Code the "County Executive Act".
5    Referenda provided for in this Section may not be held more
6than once in any 23-month period on the same proposition,
7provided that in any municipality a referendum to elect not to
8be a home rule unit may be held only once within any 47-month
9period.
10(Source: P.A. 97-81, eff. 7-5-11.)
 
11    Section 10. The Counties Code is amended by changing the
12heading of Division 2-4, by changing Sections 2-4006, 5-44010,
135-44020, and by adding Section 5-44043 as follows:
 
14    (55 ILCS 5/Div. 2-4 heading)
15
Division 2-4. Counties not under
16
Township Organization
17
Organized as a Commission
18
Form of Government

 
19    (55 ILCS 5/2-4006)
20    Sec. 2-4006. Terms of commissioners.
21    (a) In every county not under township organization that is
22organized as a commission form of government having 3
23commissioners elected at large as described in subsection (b)

 

 

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1or (c), the commissioners shall be elected as provided in this
2Section.
3    (b) In a county in which one commissioner was elected at
4the general election in 1992 to serve for a term of 4 years and
5in which 2 commissioners will be elected at the general
6election in 1994, the commissioner elected in 1994 and
7receiving the greatest number of votes shall serve for a term
8of 6 years. The other commissioner elected in 1994 shall serve
9for a term of 4 years. At the general election in 1996 and at
10each general election thereafter, one commissioner shall be
11elected to serve for a term of 6 years.
12    (c) In a county in which 2 commissioners were elected at
13the general election in 1992 to serve for terms of 4 years and
14in which one commissioner will be elected at the general
15election in 1994, the commissioner elected in 1994 shall serve
16for a term of 4 years. The commissioner elected in 1996 and
17receiving the greatest number of votes shall serve for a term
18of 6 years. The other commissioner elected in 1996 shall serve
19for a term of 4 years. At the general election in 1998 and at
20each general election thereafter, one commissioner shall be
21elected to serve for a term of 6 years.
22    (c-5) In Calhoun County, Edwards County, and Union County,
23the registered voters of the county may, upon referendum
24initiated by (i) the adoption of a resolution of the board of
25county commissioners or (ii) a petition signed by not less than
2610% of the registered voters in the county, determine that the

 

 

10000HB0171ham002- 9 -LRB100 03840 AWJ 27817 a

1board of county commissioners shall consist of 5 commissioners
2elected at large. The commissioners must certify the question
3to the proper election authority, which must submit the
4question at an election in accordance with the general election
5law.
6    The question shall be submitted in substantially the
7following form:
8        "Shall the board of county commissioners of (county)
9    consist of 5 commissioners elected at large?"
10    Votes must be recorded as "Yes" or "No". If a majority of
11the electors voting on the question vote in the affirmative,
12then a 5-member board of county commissioners shall be
13established beginning with the next general election. The
14County Clerk, in consultation with the State's Attorney for the
15county, shall develop and present to the board of county
16commissioners, to implement by the adoption of a resolution,
17the transition of terms for the current 3-member board of
18commissioners and the addition of 2 commissioners for 6-year
19terms. Thereafter, commissioners shall be elected at each
20general election to fill expired terms.
21    (d) The provisions of this Section do not apply to
22commissioners elected under Section 2-4006.5 of this Code.
23(Source: P.A. 96-175, eff. 8-10-09.)
 
24    (55 ILCS 5/5-44010)
25    Sec. 5-44010. Applicability. The powers and authorities

 

 

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1provided by this Division 5-44 apply to all counties DuPage,
2Lake, and McHenry Counties and units of local government within
3such counties.
4(Source: P.A. 98-126, eff. 8-2-13; 99-709, eff. 8-5-16.)
 
5    (55 ILCS 5/5-44020)
6    Sec. 5-44020. Definitions. In this Division 5-44:
7    "Fire protection jurisdiction" means a fire protection
8district, municipal fire department, or service organized
9under Section 5-1056.1 of the Counties Code, Sections 195 and
10200 of the Township Code, Section 10-2.1 of the Illinois
11Municipal Code, or the Illinois Fire Protection District Act.
12    "Governing board" means the individual or individuals who
13constitute the corporate authorities of a unit of local
14government.
15    "Unit of local government" or "unit" means any unit of
16local government located entirely within one county, to which
17the county board chairman or county executive directly appoints
18a majority of its governing board with the advice and consent
19of the county board, but shall not include a fire protection
20district that directly employs any regular full-time
21employees, a conservation district organized under the
22Conservation District Act, or a special district organized
23under the Water Commission Act of 1985, a community mental
24health board established under the Community Mental Health
25Board Act, or a board established under the County Care for

 

 

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1Persons with Developmental Disabilities Act.
2(Source: P.A. 98-126, eff. 8-2-13; 98-756, eff. 7-16-14;
399-709, eff. 8-5-16.)
 
4    (55 ILCS 5/5-44043 new)
5    Sec. 5-44043. Rights and obligations of employees.
6    (a) The status and rights of employees represented by an
7exclusive bargaining representative shall not be affected by
8the dissolution of a unit of local government under this
9Division, except that this subsection does not apply in DuPage,
10Lake, and McHenry Counties for actions taken before the
11effective date of this amendatory Act of the 100th General
12Assembly.
13    (b) Obligations of the dissolving unit of local government
14assumed by the trustee-in-dissolution, county, or governing
15body of a special service area include the obligation to honor
16representation rights under the Illinois Public Labor
17Relations Act and any collective bargaining agreements
18existing on the date of dissolution of the unit of local
19government.
20    (c) The rights of employees under any pensions, retirement
21plans, or annuity plans existing on the date of dissolution of
22the unit of local government are not affected by the
23dissolution of a unit of local government under this Division.
 
24    Section 15. The Township Code is amended by adding Articles

 

 

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122, 23, and 29 and by changing Sections 10-25, 25-15, 25-25,
2and 65-20 as follows:
 
3    (60 ILCS 1/10-25)
4    Sec. 10-25. Plan for changes in townships.
5    (a) The county board of each county may, subject to a
6referendum in the townships affected as provided in this
7Section, adopt a plan for altering the boundaries of townships,
8changing township lines, dividing, enlarging, or consolidating
9townships, or creating new townships, so that each township
10shall possess an equalized assessed valuation of not less than
11$10,000,000 as of the 1982 assessment year or an area of not
12more than 126 square miles.
13    (b) No alteration or change in boundaries shall be
14effective unless approved by a referendum in each township
15affected. The election authority shall submit to the voters of
16each township affected, at a regular election to be held not
17less than 60 days after the plan is adopted, the question of
18approving the alteration or change. The alterations or changes,
19if approved by the voters, shall take effect on the date of the
20next township election and shall be applicable to that
21election. If there is doubt as to the township clerk with whom
22nomination papers for that election should be filed, the county
23board shall designate the clerk. In the alteration of
24boundaries, a county board may not disturb urban or coterminous
25townships in existence on October 1, 1978.

 

 

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1(Source: P.A. 84-1308; 88-62.)
 
2    (60 ILCS 1/Art. 22 heading new)
3
ARTICLE 22. CONSOLIDATION OF
4
MULTIPLE TOWNSHIPS

 
5    (60 ILCS 1/22-5 new)
6    Sec. 22-5. Resolution for consolidation; notice.
7    (a) Notwithstanding any other provision of law to the
8contrary, the township boards of any 2 or more adjacent
9townships may, by identical resolutions of each board, propose
10consolidation by referendum: (i) into a new township; or (ii)
11into an existing township. Each resolution shall include, but
12is not limited to, the following:
13        (1) the name of the proposed new consolidated township
14    or the name of the existing township into which all
15    townships will be consolidated;
16        (2) a description of how each road district or road
17    districts of a dissolving township shall comply with
18    subsection (c) of Section 22-20 if a township will be
19    consolidating into an existing township;
20        (3) the names of all townships that will be
21    consolidating and a description of the area of
22    consolidation; and
23        (4) the date of the general election at which the
24    referendum shall be held.

 

 

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1    All resolutions shall be passed not less than 79 days
2before the general election stated in the resolutions. For
3purposes of this Section, 3 or more townships are adjacent when
4each township shares a boundary with at least one of the other
5townships which are to be consolidated.
6    (b) Before passing a resolution under subsection (a), each
7township board shall hold a public hearing on those matters
8after notice of the hearing has been published on the main page
9of the townships' websites, if any, and in a newspaper having a
10general circulation in the townships affected. The notice shall
11be published at least 30 days before the date of the hearing.
12The notice shall contain, at a minimum, the name of all
13townships that will be consolidating and a description of the
14area of consolidation.
 
15    (60 ILCS 1/22-10 new)
16    Sec. 22-10. Referendum.
17    (a) Upon the adoption of resolutions under Section 22-5 by
18each township or the submission of petitions meeting the
19requirements of Section 22-12, the township boards shall
20certify the question to the proper election authority, or the
21circuit court for the county in which each township is located
22shall certify the question to the proper election authority for
23submission of petitions meeting the requirements of Section
2422-12, and the authority shall cause to be submitted to the
25voters of each township at the general election specified in

 

 

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

 

 

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1referendum will appear.
2    (c) Notwithstanding any provision of law to the contrary,
3no tax rate may be extended for any fund of the consolidated
4district for the first levy year of the consolidated district
5that exceeds any statutory maximum set forth for that fund,
6unless the referendum also conforms to the requirements of the
7Property Tax Extension Limitation Law or other statutory
8provision setting forth that limitation.
 
9    (60 ILCS 1/22-12 new)
10    Sec. 22-12. Voter-initiated township consolidation.
11    (a) In the counties of Cass, Henderson, and Cumberland, a
12referendum to propose township consolidation under this
13Article may also be initiated by petitions meeting the
14requirements of subsection (b).
15    (b) Subject to the petition requirements of the Election
16Code, petitions for a referendum to consolidate under this
17Section must be filed with the circuit court for the county in
18which the affected townships are located not less than 122 days
19prior to the election at which the referendum will be voted. A
20petition must be filed for each consolidating township and
21shall be signed by not less than 10% of the total number of
22electors voting at the last general election in each township.
23All signatures gathered must be signed within 365 days prior to
24the filing of the petitions.
25    (c) Upon filing the petitions with the circuit court, the

 

 

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

 

 

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1referendum under Section 22-10:
2    (a) There shall be no further nominations or elections for
3clerks, assessors, collectors, highway commissioners,
4supervisors, or trustees of any of the separate townships or
5highway commissions, and the terms of all such officers
6currently serving shall continue until the third Monday of May
7of the year in which township officials are elected next
8following the approval of a referendum under Section 22-10.
9    (b) A Transition Township Board is formed and is composed
10of the members of the separate townships boards. The Transition
11Township Board has only the following powers: (1) to propose
12and approve the compensation of all officials of the
13consolidated township that will be elected at the consolidated
14election next following the passage of the referendum under
15Section 22-10; and (2) to propose and approve additional debt
16to be taken on by any of the separate townships.
17    (c) The Transition Township Board shall hold a public
18hearing no later than the last Tuesday in December before the
19consolidated township board of trustees are elected next
20following the approval of a referendum under Section 22-10. If
21the Board cannot agree on the compensation for an official by
22the first Tuesday in April before the consolidated election of
23township officials next following the approval of a referendum
24under Section 22-10, then the compensation for that official
25shall be equal to the lowest compensation for the same office
26between the separate townships in the preceding calendar year.

 

 

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1    (d) The separate townships shall not incur any additional
2debt without the approval of the Transition Township Board. For
3purposes of this Section, "debt" has the meaning ascribed to
4that term in Section 23-5.
5    (e) Section 3-7 of the Election Code shall govern those
6individuals entitled to caucus, vote for, be nominated for, and
7run for offices for the consolidated township at the
8consolidated election of township officials next following the
9approval of a referendum under Section 22-10.
 
10    (60 ILCS 1/22-20 new)
11    Sec. 22-20. Consolidated township.
12    (a) On the third Monday of May of the year in which
13township officials are elected following the approval of a
14referendum under Section 22-10, the following shall occur:
15        (1) the separate townships cease and the consolidated
16    township is created;
17        (2) all rights, powers, duties, assets, and property,
18    together with all personnel, contractual obligations,
19    other obligations, responsibilities, and liabilities of
20    the separate townships are transferred to the consolidated
21    township; those rights include, but are not limited to, the
22    authority to continue to collect, receive, and expend the
23    proceeds of any tax levied by any of the separate townships
24    prior to the creation of the consolidated township without
25    an additional ordinance, resolution, or referendum; the

 

 

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1    proceeds of any tax levied by any of the separate townships
2    prior to the creation of the consolidated township shall be
3    expended or disposed of by the consolidated township in the
4    same manner as such assessments might have been expended or
5    disposed of by the separate townships; however, if the
6    consolidated township board determines that there is a
7    surplus in the fund for general township purposes on
8    December 31 of the calendar year in which the consolidation
9    occurs, then any portion of the surplus that is solely
10    attributable to the consolidation shall be refunded to the
11    owners of record of taxable property within the
12    consolidated district on a pro rata basis; and
13        (3) road districts located within the separate
14    townships are abolished.
15    (b) When a new township is created, a new road district
16encompassing the consolidated township is created. All the
17rights, powers, duties, assets, property, liabilities,
18obligations, and responsibilities of the separate road
19districts shall vest in and be assumed by the new road
20district. The new township board of trustees shall exercise the
21taxing authority of a road district abolished under this
22Section. The highway commissioners of the abolished road
23districts shall cease to hold office on the date the road
24district is abolished. The new township board shall exercise
25all duties and responsibilities of the highway commissioner as
26provided in the Illinois Highway Code. For purposes of

 

 

10000HB0171ham002- 21 -LRB100 03840 AWJ 27817 a

1distribution of revenue, the new township shall assume the
2powers, duties, and obligations of the road district of the
3dissolving road district. The new township board may enter into
4a contract with the county, a municipality, or a private
5contractor to administer the roads under the new road district.
6    (c) When a township consolidates into an existing township,
7all the rights, powers, duties, assets, property, liabilities,
8obligations, and responsibilities of the abolished road
9districts shall vest in and be assumed by the existing
10township's road district. The consolidated township board of
11trustees shall exercise the taxing authority of a road district
12abolished under this Section. Highway commissioners of the
13abolished road districts shall cease to hold office on the date
14the road district is abolished. The consolidated township shall
15exercise all duties and responsibilities of the highway
16commissioner as provided in the Illinois Highway Code. For
17purposes of distribution of revenue, the existing township's
18road district or districts shall assume the powers, duties, and
19obligations of the road district of the dissolving road
20district.
 
21    (60 ILCS 1/Art. 23 heading new)
22
ARTICLE 23. MERGER OF A SINGLE
23
TOWNSHIP INTO 2 OTHER TOWNSHIPS

 
24    (60 ILCS 1/23-5 new)

 

 

10000HB0171ham002- 22 -LRB100 03840 AWJ 27817 a

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

 

 

10000HB0171ham002- 23 -LRB100 03840 AWJ 27817 a

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

 

 

10000HB0171ham002- 24 -LRB100 03840 AWJ 27817 a

1    subsection (c) of Section 23-25; and
2        (6) the date of the general election at which the
3    referendum shall be held.
4    All resolutions shall be passed not less than 79 days
5before the general election stated in the resolutions.
6    (b) Before passing a resolution under this Section, each
7township board shall hold a public hearing on those matters
8after notice of the hearing has been published on the main page
9of the townships' websites, if any, and in a newspaper having a
10general circulation in the townships affected. The notice shall
11be published at least 30 days before the date of the hearing.
12The notice shall contain, at a minimum, the name of the
13dissolving township and receiving townships and a description
14of the area each receiving township will receive from the
15dissolving township.
 
16    (60 ILCS 1/23-15 new)
17    Sec. 23-15. Referendum and notices.
18    (a) Upon the adoption of resolutions under Section 23-10 by
19all townships or the submission of petitions meeting the
20requirements of Section 23-17, the township boards shall
21certify the question to the proper election authority, or the
22circuit court for the county in which each township is located
23shall certify the question to the proper election authority for
24submission of petitions meeting the requirements of Section
2523-17, and the authority shall cause to be submitted to the

 

 

10000HB0171ham002- 25 -LRB100 03840 AWJ 27817 a

1voters of all townships at the general election specified in
2the resolutions or petitions a referendum to consolidate the
3townships. The referendum shall be substantially in the
4following form:
5        Shall (name of dissolving township) be dissolved into
6    (names of receiving townships)?
7    The votes shall be recorded as "Yes" or "No".
8    A referendum initiated upon the adoption of resolutions
9under Section 23-10 is approved when a majority of the voters,
10in each of the affected townships, approve the referendum. A
11referendum initiated by petitions meeting the requirements of
12Section 23-17 is approved when 60% of the voters, in each of
13the affected townships, approve the referendum.
14    (b) Before a referendum appears on the ballot under
15subsection (a), the township boards shall publish a copy of the
16adopted resolution on the main page of the townships' websites,
17if any, and in a newspaper having a general circulation in each
18of the townships affected. The notice shall be published at
19least 30 days before the date of the general election.
20    Each township board shall additionally mail a copy of the
21adopted resolution, along with a copy of the referendum
22language and a list of all taxes levied for general township
23purposes in the affected townships, to every registered voter
24in each township affected. The notice shall be mailed at least
2530 days before the date of the general election in which the
26referendum will appear.

 

 

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1    (c) Notwithstanding any provision of law to the contrary,
2no tax rate may be extended for any fund of the consolidated
3district for the first levy year of the consolidated district
4that exceeds any statutory maximum set forth for that fund,
5unless the referendum also conforms to the requirements of the
6Property Tax Extension Limitation Law or other statutory
7provision setting forth that limitation.
 
8    (60 ILCS 1/23-17 new)
9    Sec. 23-17. Voter-initiated township consolidation.
10    (a) In the counties of Cass, Henderson, and Cumberland, a
11referendum to propose township consolidation under this
12Article may also be initiated by petitions meeting the
13requirements of subsection (b).
14    (b) Subject to the petition requirements of the Election
15Code, petitions for a referendum to consolidate under this
16Section must be filed with the circuit court for the county in
17which the affected townships are located not less than 122 days
18prior to the election at which the referendum will be voted. A
19petition must be filed for each consolidating township and
20shall be signed by not less than 10% of the total number of
21electors voting at the last general election in each township.
22All signatures gathered must be signed within 365 days prior to
23the filing of the petitions.
24    (c) Upon filing the petitions with the circuit court, the
25parties so filing shall publish notice in a newspaper of

 

 

10000HB0171ham002- 27 -LRB100 03840 AWJ 27817 a

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

 

 

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123-15:
2        (1) there shall be no further nominations or elections
3    for clerks, assessors, collectors, highway commissioners,
4    supervisors, or trustees of the dissolving township or
5    highway commissions and the terms of all such officers
6    currently serving shall continue until the third Monday of
7    May of the year in which township officials are elected
8    following the approval of a referendum under Section 23-15;
9        (2) a Transition Township Board is formed for each
10    receiving township. Each Transition Township Board shall
11    be composed of the members of the dissolving township
12    boards plus the members of the receiving township board.
13    The Transition Township Board shall only have authority to
14    do the following under paragraphs (3) and (4) of this
15    Section: provide for the compensation for all receiving
16    township officials that will be elected at the consolidated
17    election next following the approval of a referendum under
18    Section 23-15; and approving additional debt to be taken on
19    by the dissolving township;
20        (3) each Transition Township Board shall hold a public
21    meeting no later than the first Tuesday in April before the
22    receiving townships' boards of trustees are elected at the
23    consolidated election next following the approval of a
24    referendum under Section 23-15. At this public meeting, the
25    Transition Township Board shall provide for the
26    compensation for all township officials that will be

 

 

10000HB0171ham002- 29 -LRB100 03840 AWJ 27817 a

1    elected at the consolidated election. If the Board cannot
2    agree on the compensation for an official, then the
3    compensation for the same office between the receiving and
4    dissolving townships shall be the lower compensation for
5    the office in the dissolving township or receiving
6    township;
7        (4) the dissolving township shall not incur any
8    additional debt without the approval of the Transition
9    Township Board of each receiving township that would assume
10    such debt after dissolution of the dissolving township; and
11        (5) Section 3-7 of the Election Code shall govern those
12    individuals entitled to caucus, vote for, be nominated for,
13    and run for offices for the receiving townships at the
14    consolidated election of township officials next following
15    the approval of a referendum under Section 23-15.
16    (b) Upon the approval of a referendum under Section 23-15,
17the receiving townships may enter into an intergovernmental
18agreement under the Intergovernmental Cooperation Act for any
19lawful purpose relating to the land or property contained in
20the dissolving township after the township is dissolved.
 
21    (60 ILCS 1/23-25 new)
22    Sec. 23-25. Merged township. On the third Monday of May of
23the year in which township officials are elected following the
24approval of a referendum under Section 23-15, the following
25shall occur:

 

 

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1        (a) The dissolving township ceases.
2        (b) All rights, powers, duties, assets, and property,
3    together with all personnel, contractual obligations,
4    other obligations, responsibilities, and liabilities of
5    the dissolving township are transferred to the receiving
6    townships as provided in the resolution adopted under
7    Section 23-10. The rights include, but are not limited to,
8    the authority to continue to collect and receive any tax
9    levied prior to the creation of the merged townships
10    without an additional ordinance, resolution, or
11    referendum.
12        (c) Road districts located within the dissolving
13    township are abolished and all the rights, powers, duties,
14    assets, property, liabilities, obligations, and
15    responsibilities of the dissolving road districts shall
16    vest in and be assumed by the receiving townships' road
17    districts as provided for in the resolutions adopted under
18    Section 23-10; the boards of trustees of the receiving
19    townships shall exercise the taxing authority of a road
20    district dissolved under this Section and shall exercise
21    all duties and responsibilities of the highway
22    commissioner as provided in the Illinois Highway Code
23    unless a road district in the receiving township has a
24    highway commissioner who shall assume all duties and
25    responsibilities of the highway commissioner of the
26    dissolving road districts if so resolved by the receiving

 

 

10000HB0171ham002- 31 -LRB100 03840 AWJ 27817 a

1    township board; highway commissioners of the dissolving
2    road districts shall cease to hold office on the date the
3    road district is abolished; and for purposes of
4    distribution of revenue, the receiving townships' road
5    districts, or the township board if no road districts
6    exist, shall assume the powers, duties, and obligations of
7    the dissolving road district.
 
8    (60 ILCS 1/25-15)
9    Sec. 25-15. Selection of county governing body; election
10Election of county commissioners. When township organization
11ceases in any county as provided in this Article, the county
12board may by ordinance or resolution restructure into a
13commission form of government on or before 180 days after a
14township organization ceases. If the county board votes to
15assume a commission form of government, an election shall be
16held in the county at the next general election in an
17even-numbered year for 3 county commissioners who shall hold
18office for 2, 4, and 6 years, respectively, and until their
19successors are elected and qualified. Terms shall be determined
20by lot. At each succeeding general election after the first,
21one commissioner shall be elected.
22(Source: P.A. 82-783; 88-62.)
 
23    (60 ILCS 1/25-25)
24    Sec. 25-25. Disposal of township records and property. When

 

 

10000HB0171ham002- 32 -LRB100 03840 AWJ 27817 a

1township organization is discontinued in any county, the
2records of the several townships shall be deposited in the
3county clerk's office. The county board or board of county
4commissioners of the county may close up all unfinished
5business of the several townships and sell or and dispose of
6any of the property belonging to a township for the benefit of
7the inhabitants of the township, as fully as might have been
8done by the townships themselves. The county board or board of
9county commissioners may pay all the indebtedness of any
10township existing at the time of the discontinuance of township
11organization and cause the amount of the indebtedness, or so
12much as may be necessary, to be levied upon the property of the
13township.
14(Source: P.A. 82-783; 88-62.)
 
15    (60 ILCS 1/Art. 29 heading new)
16
ARTICLE 29. DISCONTINUANCE OF
17
TOWNSHIP WITHIN COTERMINOUS
18
MUNICIPALITY: ALL TOWNSHIPS

 
19    (60 ILCS 1/29-5 new)
20    Sec. 29-5. Resolutions to discontinue and abolish a
21township. The township board and the corporate authorities of a
22coterminous, or substantially coterminous, municipality may by
23resolutions of the board and corporate authorities, and after
24referendum of the voters of the township and municipality: (1)

 

 

10000HB0171ham002- 33 -LRB100 03840 AWJ 27817 a

1discontinue and abolish the township; (2) transfer all the
2rights, powers, duties, assets, property, liabilities,
3obligations, and responsibilities of the township to the
4municipality; and (3) cease and dissolve all township road
5districts with the district's jurisdiction and authority
6transferred to the municipality upon the dissolution of the
7township.
 
8    (60 ILCS 1/29-10 new)
9    Sec. 29-10. Notice.
10    (a) Before passing resolutions under Section 29-5, the
11township board and the corporate authorities of the
12municipality shall hold public hearings on those matters after
13notice of the hearing has been published on the main page of
14the respective entities' websites, if any, and in a newspaper
15having general circulation in the township and municipality.
16The notice shall be published at least 30 days before the date
17of the hearing.
18    (b) Before a referendum is placed on the ballot under
19Section 29-15, each township board shall publish a copy of the
20resolution adopted under Section 29-5 on the main page of the
21respective entities' websites, if any, and in a newspaper of
22general circulation in the township and municipality affected.
23The notice shall be published at least 30 days before the date
24of the general election in which the referendum will appear.
25    Each township board shall additionally mail a copy of the

 

 

10000HB0171ham002- 34 -LRB100 03840 AWJ 27817 a

1adopted resolution, along with a copy of the referendum
2language, the date the referendum will appear, and a list of
3all taxes levied in the affected townships, to every registered
4voter in each township affected. The notice shall be mailed at
5least 30 days before the date of the election in which the
6referendum will appear.
 
7    (60 ILCS 1/29-15 new)
8    Sec. 29-15. Referendum for cessation of township. Upon the
9adoption of resolutions under Section 29-5 by both the township
10and municipality, the township board and corporate authorities
11of the municipality shall certify the question to the election
12authority and the authority shall cause to be submitted to the
13voters of the township and municipality at the next election a
14referendum to discontinue the township and to transfer all the
15rights, powers, duties, assets, property, liabilities,
16obligations, and responsibilities of the township to the
17municipality. The referendum shall be substantially in the
18following form:
19        Shall the Township of (name of township) cease?
20    The votes shall be recorded as "Yes" or "No". The
21referendum is approved when a majority of the voters, in both
22the township and municipality, approve the referendum.
23    If the referendum is approved, there shall be no further
24nominations or elections for clerks, assessors, collectors,
25highway commissioners, supervisors, or trustees of the

 

 

10000HB0171ham002- 35 -LRB100 03840 AWJ 27817 a

1township or highway commission, and the terms of all such
2officers currently serving shall continue until the third
3Monday of May of the year of the consolidated election in which
4township officials are elected next following the approval of a
5referendum under this Section.
 
6    (60 ILCS 1/29-20 new)
7    Sec. 29-20. Cessation of township. On the third Monday in
8May in the year of the consolidated election in which township
9officials are elected next following the approval of a
10referendum under Section 29-15:
11        (1) the township is discontinued and abolished and all
12    the rights, powers, duties, assets, property, liabilities,
13    obligations, and responsibilities of the township shall
14    vest in and be assumed by the municipality, including the
15    authority to levy property taxes for township purposes in
16    the same manner as the dissolved township without an
17    additional ordinance, resolution, or referendum;
18        (2) all township officers shall cease to hold office;
19        (3) the municipality shall exercise all duties and
20    responsibilities of the township officers as provided in
21    the Township Code, the Illinois Public Aid Code, the
22    Property Tax Code, and the Illinois Highway Code, as
23    applicable. The municipality may enter into an
24    intergovernmental agreement with the county or the State to
25    administer the duties and responsibilities of the township

 

 

10000HB0171ham002- 36 -LRB100 03840 AWJ 27817 a

1    officers for services under its jurisdiction; and
2        (4) any road district located within the township is
3    abolished and its jurisdiction, rights, powers, duties,
4    assets, property, liabilities, obligations, and
5    responsibilities shall vest in and be assumed by the
6    municipality and the highway commissioner of the abolished
7    road district shall cease to hold office. The corporate
8    authorities of the municipality shall: exercise the taxing
9    authority of a road district abolished under this Section;
10    exercise all duties and responsibilities of the highway
11    commissioner as provided in the Illinois Highway Code; and
12    for purposes of distribution of revenue, assume the powers,
13    duties, and obligations of the road district in the
14    discontinued township. The corporate authorities of a
15    municipality may enter into an intergovernmental agreement
16    or a contract with the county, another municipality, or a
17    private contractor to administer the roads which were under
18    the jurisdiction of the abolished road district.
 
19    (60 ILCS 1/29-25 new)
20    Sec. 29-25. Business, records, and property of
21discontinued township. The records of a township discontinued
22under this Article shall be deposited in the municipality's
23city clerk's office. The municipality may close up all
24unfinished business of the township and sell and dispose of any
25of the property belonging to the township for benefit of the

 

 

10000HB0171ham002- 37 -LRB100 03840 AWJ 27817 a

1inhabitants of the municipality.
 
2    (60 ILCS 1/65-20)
3    Sec. 65-20. Road district treasurer; new township;
4multi-township officers.
5    (a) Compensation of township officers shall be set by the
6township board at least 180 days before the beginning of the
7terms of officers, including compensation of the road district
8treasurer, which shall be not less than $100 or more than
9$1,000 per year. Compensation of a township assessor and
10collector shall be set at the same time as the compensation of
11the township supervisor. Compensation of a multi-township
12assessor shall be set at least 150 days before his or her
13election.
14    (b) The compensation to be paid to each officer in a new
15township established under Section 10-25 shall be determined
16under this Section by the township board of the township the
17whole or a part of which comprises the new township and that
18has the highest equalized assessed valuation (as of December
1931, 1972) of the old townships that comprise the new township.
20    (c) At least 150 days before the election of multi-township
21officers, the multi-township board may establish additional
22pay of those board members for their services in an amount not
23to exceed $25 per day for each day of services.
24    (d) For the first term of a township consolidated or merged
25under Article 22 or 23, compensation for township officers of

 

 

10000HB0171ham002- 38 -LRB100 03840 AWJ 27817 a

1the consolidated or merged township shall be set by the
2Transition Township Board no later than the first day in April
3before the consolidated election at which the township officers
4are to be elected.
5(Source: P.A. 90-210, eff. 7-25-97.)
 
6    Section 20. The Home Equity Assurance Act is amended by
7changing Sections 4 and 5 and by adding Section 21 as follows:
 
8    (65 ILCS 95/4)  (from Ch. 24, par. 1604)
9    Sec. 4. Creation of Commission.
10    (a) Whenever in a municipality with more than 1,000,000
11inhabitants, the question of creating a home equity program
12within a contiguous territory included entirely within the
13municipality is initiated by resolution or ordinance of the
14corporate authorities of the municipality or by a petition
15signed by not less than 10% of the total number of registered
16voters of each precinct in the territory, the registered voters
17of which are eligible to sign the petition, it shall be the
18duty of the election authority having jurisdiction over such
19municipality to submit the question of creating a home equity
20program to the electors of each precinct within the territory
21at the regular election specified in the resolution, ordinance
22or petition initiating the question. If the question is
23initiated by petition and if the requisite number of signatures
24is not obtained in any precinct included within the territory

 

 

10000HB0171ham002- 39 -LRB100 03840 AWJ 27817 a

1described in the petition, then the petition shall be valid as
2to the territory encompassed by those precincts for which the
3requisite number of signatures is obtained and any such
4precinct for which the requisite number of signatures is not
5obtained shall be excluded from the territory. A petition
6initiating a question described in this Section shall be filed
7with the election authority having jurisdiction over the
8municipality. The petition shall be filed and objections
9thereto shall be made in the manner provided in the general
10election law. A resolution, ordinance, or petition initiating a
11question described in this Section shall specify the election
12at which the question is to be submitted. The referendum on
13such question shall be held in accordance with general election
14law. Such question, and the resolution, ordinance, or petition
15initiating the question, shall include a description of the
16territory, the name of the proposed home equity program, and
17the maximum rate at which the home equity program shall be able
18to levy a property tax. All of that area within the geographic
19boundaries of the territory described in such question shall be
20included in the program, and no area outside the geographic
21boundaries of the territory described in such question shall be
22included in the program. If the election authority determines
23that the description cannot be included within the space
24limitations of the ballot, the election authority shall prepare
25large printed copies of a notice of the question, which shall
26be prominently displayed in the polling place of each precinct

 

 

10000HB0171ham002- 40 -LRB100 03840 AWJ 27817 a

1in which the question is to be submitted.
2    (b) Whenever a majority of the voters on such public
3question approve the creation of a home equity program as
4certified by the proper election authorities, the mayor of the
5municipality shall appoint, with the consent of the corporate
6authorities, 9 individuals, to be known as commissioners, to
7serve as the governing body of the home equity program. The
8mayor shall choose 7 of the 9 individuals to be appointed to
9the governing commission from nominees submitted by a community
10organization or community organizations as defined in this Act.
11A community organization may recommend up to 20 individuals to
12serve on a governing commission. Beginning after the effective
13date of this amendatory Act of the 100th General Assembly, a
14home equity commission shall consist of 7 commissioners;
15however, the 9 commissioners serving on a governing commission
16on the effective date of this amendatory Act of the 100th
17General Assembly shall be allowed to finish their current terms
18of service. Thereafter, the number of commissioners shall be
19reduced to 7.
20    No fewer than 5 commissioners serving at any one time shall
21reside within the territory of the program. Beginning after the
22effective date of this amendatory Act of the 100th General
23Assembly, and upon the number of commissioners being reduced to
247, no fewer than 4 commissioners serving at any one time shall
25reside within the territory of the program.
26    Upon the initial appointment of 7 commissioners to creation

 

 

10000HB0171ham002- 41 -LRB100 03840 AWJ 27817 a

1of a governing commission under the provisions of this
2amendatory Act of the 100th General Assembly, the terms of the
3initial commissioners shall be as follows: one 3 shall serve
4for one year, 3 shall serve for 2 years, and 3 shall serve for 3
5years and until a successor is appointed and qualified. All
6succeeding terms shall be for 3 years, or until a successor is
7appointed or qualified. Commissioners shall serve without
8compensation except for reimbursement for reasonable expenses
9incurred in the performance of duties as a commissioner. A
10vacancy in the office of a member of a commission shall be
11filled in like manner as an original appointment.
12    All proceedings and meetings of the governing commission
13shall be conducted in accordance with the provisions of the
14Open Meetings Act, as now or hereafter amended.
15(Source: P.A. 93-709, eff. 7-9-04.)
 
16    (65 ILCS 95/5)  (from Ch. 24, par. 1605)
17    Sec. 5. Duties and Functions of Commission. The duties and
18functions of the governing commission of a Home Equity Program
19shall include the following:
20    (a) To conduct or supervise the day-to-day operation of the
21program, including but not limited to the administration of
22homeowner applications for participation in the program and
23homeowner claims against the guarantee fund.
24    (b) To establish policies, rules, regulations, bylaws, and
25procedures for both the governing commission and the program.

 

 

10000HB0171ham002- 42 -LRB100 03840 AWJ 27817 a

1No policies, rules, regulations, or bylaws shall be adopted by
2the governing commission without prior notice to the residents
3of the territory of a program and an opportunity for such
4residents to be heard.
5    (c) To provide annual status reports on the program to the
6mayor and corporate authorities of the municipality.
7    (d) To establish guaranteed value standards which are
8directly linked to the program appraisal, to approve guarantee
9values, to establish requirements for program appraisers
10consistent with subsection (p) of Section 3. In no event shall
11the program guidelines adopted by the governing commission
12provide for selecting appraisers based on criteria other than
13the quality and timeliness of the appraisals provided to the
14governing commission.
15    (e) To manage, administer, and invest the guarantee fund.
16    (f) To liquidate acquired assets to maintain the guarantee
17fund.
18    (g) To participate in arbitration required under the
19program and to subpoena all necessary persons, parties, or
20documents required to proceed with such arbitration.
21    (h) To employ necessary personnel, acquire necessary
22office space, enter into contractual relationships and
23disburse funds in accordance with the provisions of this Act. A
24governing commission may employ full-time or part-time
25employees.
26    (i) To perform such other functions in connection with the

 

 

10000HB0171ham002- 43 -LRB100 03840 AWJ 27817 a

1program and the guarantee fund as required under this Act.
2(Source: P.A. 85-1044.)
 
3    (65 ILCS 95/21 new)
4    Sec. 21. Tax Reimbursement Program. A governing
5commission, with no less than $4,000,000 unencumbered funds in
6its guarantee fund, may, if authorized by resolution of the
7governing commission upon approval by two-thirds of the
8commissioners, establish a Tax Reimbursement Program to make
9reimbursements to each applicable taxpayer for an amount of no
10more than the total of their pro rata share of the annual levy
11imposed by the commission. Prior to authorizing a reimbursement
12program, an independent licensed public accountant not
13connected with the commission or any entity conducting business
14with the commission shall audit the commission and the proposal
15for the program. The commission may create a program if the
16independent licensed public accountant determines that such a
17program will not reduce the balance of the guarantee fund to
18less than $3,000,000. For the purposes of this Section,
19"applicable taxpayer" means the owner of record that paid the
20tax levied on property in accordance with Section 11 of this
21Act.
 
22    Section 25. The Street Light District Act is amended by
23changing Section 11 as follows:
 

 

 

10000HB0171ham002- 44 -LRB100 03840 AWJ 27817 a

1    (70 ILCS 3305/11)
2    Sec. 11. Cessation of district organization.
3Notwithstanding any other provision of law, if a majority vote
4of the board of trustees is in favor of the proposition to
5annex the district to another district whose boundaries are
6contiguous, or consolidate the district into a municipality
7with which the district is coterminous or substantially
8coterminous, or consolidate the district into the county in
9which the district sits if the district contains territory
10within only one county, or consolidate the district into the
11township in which the district sits if the entire district is
12located within the district, and if the governing authorities
13of the governmental unit assuming the functions of the former
14district agree by resolution to accept the functions (and
15jurisdiction over the territory, if applicable) of the
16consolidated or annexed district, then the district shall
17cease. On the effective date of the annexation or
18consolidation, all the rights, powers, duties, assets,
19property, liabilities, indebtedness, obligations, bonding
20authority, taxing authority, and responsibilities of the
21district shall vest in and be assumed by the governmental unit
22assuming the functions of the former district.
23    The employees of the former district shall be transferred
24to the governmental unit assuming the functions of the former
25district. The governmental unit assuming the functions of the
26former district shall exercise the rights and responsibilities

 

 

10000HB0171ham002- 45 -LRB100 03840 AWJ 27817 a

1of the former district with respect to those employees. The
2status and rights of the employees of the former district under
3any applicable contracts or collective bargaining agreements,
4historical representation rights under the Illinois Public
5Labor Relations Act, or under any pension, retirement, or
6annuity plan shall not be affected by this amendatory Act.
7(Source: P.A. 98-1002, eff. 8-18-14.)
 
8    Section 30. The Illinois Highway Code is amended by
9changing Sections 6-130 and 6-133 and by adding Sections 6-134
10and 6-136 as follows:
 
11    (605 ILCS 5/6-130)  (from Ch. 121, par. 6-130)
12    Sec. 6-130. Road district abolishment. Notwithstanding any
13other provision of this Code Act to the contrary, no township
14road district may continue in existence if the roads forming a
15part of the district do not exceed a total of 4 miles in length
16as determined by the county engineer or county superintendent
17of highways. For purposes of this Section, the roads forming a
18part of a township road district include those roads maintained
19by the district, regardless of whether or not those roads are
20owned by the township. On the first Tuesday in April of 1975,
21or of any subsequent year next succeeding the reduction of a
22township road system to a total mileage of 4 miles or less,
23each such township road district shall, by operation of law, be
24abolished. The roads comprising that district at that time

 

 

 

10000HB0171ham002- 46 -LRB100 03840 AWJ 27817 a

1shall thereafter be administered by the township board of
2trustees by contracting with the county, a municipality or a
3private contractor. The township board of trustees shall assume
4all taxing authority of a township road district abolished
5under this Section.
6(Source: P.A. 94-884, eff. 6-20-06.)
 
7    (605 ILCS 5/6-133)
8    Sec. 6-133. Abolishing a road district in Cook County. By
9resolution, the board of trustees of any township located in
10Cook County, Illinois, may submit a proposition to abolish the
11road district of that township to the electors of that township
12at a general election or consolidated election in accordance
13with the general election law. The ballot shall be in
14substantially the following form:
 
15---------
16    Shall the Road District of the Township of
17........... be abolished with all the rights,YES
18powers, duties, assets, property, liabilities,
19obligations, and responsibilities being assumed ---------
20by the Township of ........... ? NO
21---------
22    In the event that a majority of the electors voting on such
23proposition are in favor thereof, then the road district shall

 

 

10000HB0171ham002- 47 -LRB100 03840 AWJ 27817 a

1be abolished by operation of law effective on January 1 of the
2calendar year immediately following the calendar year in which
3the proposition was approved by the electors or on the date the
4term of the highway commissioner in office at the time the
5proposition was approved by the electors expires, whichever is
6later.
7    On that date, all the rights, powers, duties, assets,
8property, liabilities, obligations, and responsibilities of
9the road district shall by operation of law vest in and be
10assumed by the township. On that date, the township board of
11trustees shall assume all taxing authority of a road district
12abolished under this Section. On that date, any highway
13commissioner of the abolished road district shall cease to hold
14office, such term having been terminated. Thereafter, the
15township shall exercise all duties and responsibilities of the
16highway commissioner as provided in the Illinois Highway Code.
17The township board of trustees may enter into a contract with
18the county, a municipality, or a private contractor to
19administer the roads under its jurisdiction. The township board
20of trustees shall assume all taxing authority of a township
21road district abolished under this subsection. For purposes of
22distribution of revenue, the township shall assume the powers,
23duties, and obligations of the road district.
24(Source: P.A. 97-611, eff. 1-1-12.)
 
25    (605 ILCS 5/6-134 new)

 

 

 

10000HB0171ham002- 48 -LRB100 03840 AWJ 27817 a

1    Sec. 6-134. Abolishing a road district. By resolution of
2the board of trustees of any township located in a county with
3less than 3,000,000 inhabitants or by the submission of a
4petition meeting the requirements of Section 6-136 by electors
5of any township located in a county with less than 3,000,000
6inhabitants, a proposition to abolish the road district of that
7township may be submitted to the electors of that township, by
8the board of trustees if by resolution or by the circuit court
9if by petition, at a general election or consolidated election
10in accordance with the general election law. The ballot shall
11be in substantially the following form:
 
12---------
13    Shall the Road District of the Township of
14........... be abolished with all the rights,YES
15powers, duties, assets, property, liabilities,
16obligations, and responsibilities being assumed ---------
17by the Township of ........... ? NO
18---------
19    In the event that a majority of the electors voting on such
20proposition initiated by a majority of the township board of
21trustees are in favor thereof, then the road district shall be
22abolished on the January 1 following the approval of the
23referendum or on the date the term of the highway commissioner
24in office at the time the proposition was approved by the

 

 

10000HB0171ham002- 49 -LRB100 03840 AWJ 27817 a

1electors expires, whichever is later. If 60% of the electors
2voting on a referendum initiated by a petition meeting the
3requirements of Section 6-136 are in favor of abolishing the
4township road district, then the road district is abolished on
5the January 1 following the approval of the referendum or on
6the date the term of the highway commissioner in office at the
7time the referendum was approved expires, whichever is later.
8    On that date, all the rights, powers, duties, assets,
9property, liabilities, obligations, and responsibilities of
10the road district shall by operation of law vest in and be
11assumed by the township. On that date, the township board of
12trustees shall assume all taxing authority of a road district
13abolished under this Section. On that date, any highway
14commissioner of the abolished road district shall cease to hold
15office, such term having been terminated. Thereafter, the
16township shall exercise all duties and responsibilities of the
17highway commissioner as provided in the Illinois Highway Code.
18The township board of trustees may enter into a contract with
19the county, a municipality, or a private contractor to
20administer the roads under its jurisdiction. The township board
21of trustees shall assume all taxing authority of a township
22road district abolished under this subsection. For purposes of
23distribution of revenue, the township shall assume the powers,
24duties, and obligations of the road district.
 
25    (605 ILCS 5/6-136 new)

 

 

10000HB0171ham002- 50 -LRB100 03840 AWJ 27817 a

1    Sec. 6-136. Voter-initiated road district consolidation.
2    (a) In the counties of Cass, Henderson, and Cumberland, a
3referendum to propose road district consolidation under
4Section 6-134 of this Code may also be initiated by a petition
5meeting the requirements of subsection (b) of this Section.
6    (b) To initiate a referendum under this Section, a petition
7must be filed with the circuit court for the county in which
8the township road district is located. The petition shall be
9signed by not less than 10% of the total number of electors
10voting at the last general election in the affected township
11road district.
12    (c) Upon the submission of a petition requesting township
13road district consolidation under this Section, the clerk of
14the circuit court shall submit copies of the petition to the
15governing board of the township road district. The clerk of the
16circuit court shall then certify the question to the proper
17election authorities in accordance with the Election Code and
18the question shall be submitted to the electors as provided in
19Section 6-134.
20    (d) The governing board of the affected road district and
21the governing board of the affected township must each hold a
22public hearing on the issue of consolidation no more than 60
23days prior to the general election at which the referendum
24under this Section shall be voted upon.
25    (e) A referendum under this Section may be held no earlier
26than the general election in the year 2020.".