HB3676 EnrolledLRB101 07944 AWJ 52999 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Township Code is amended by changing Section
570-5 and by renumbering and changing Section 7-27, as added by
6Public Act 100-983, as follows:
 
7    (60 ILCS 1/70-5)
8    Sec. 70-5. Supervisor; bond.
9    (a) The supervisor, before entering upon the duties of the
10office, shall give bond to the township, with one or more
11sureties, (i) in at least double the amount of money that may
12come into the supervisor's hands, if individuals act as
13sureties, or (ii) only in the amount of money that may come
14into the supervisor's hands, if a surety company authorized to
15do business in this State acts as surety. The bond shall be
16conditioned on the faithful discharge of his or her duties as
17supervisor and require that he or she safely keep and pay over
18all money entrusted intrusted to his or her keeping as
19supervisor. The bond shall be approved by the township clerk
20and filed in the clerk's office with the clerk's approval
21indorsed on it.
22    (b) Whenever the township clerk ascertains that the bond
23has been forfeited, the clerk shall institute suit against the

 

 

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1supervisor. If the clerk fails or refuses to institute a suit,
2any person interested in the matter may institute a suit.
3    (c) Any person temporarily appointed under Section 60-10 to
4perform the clerical functions of a supervisor shall, before
5performing those functions, give bond in the same manner and
6amount and subject to the same conditions as are required of
7the supervisor.
8(Source: P.A. 82-783; 88-62.)
 
9    (60 ILCS 1/70-27)
10    Sec. 70-27 7-27. Attestation to funds endorsed by the
11supervisor. If a township supervisor issues a payout of funds
12from the township treasury, the township clerk shall attest to
13such payment. A township board may adopt rules to implement the
14provisions of this Section, including rules regulating the
15township clerk's attestation when the township clerk is
16temporarily unavailable, for payroll processing, and for the
17payout of funds made by cash, credit and debit card, electronic
18check, and other means. Attestation under this Section is not
19required by the township clerk prior to the issuance of an
20emergency financial assistance payout authorized by Section
216-10 of the Illinois Public Aid Code.
22(Source: P.A. 100-983, eff. 1-1-19; revised 1-15-19.)
 
23    Section 10. The Illinois Highway Code is amended by
24changing Sections 6-134 and 6-135 as follows:
 

 

 

 

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1    (605 ILCS 5/6-134)
2    Sec. 6-134. Abolishing a road district.
3    (a) By resolution, the board of trustees of any township
4located in a county with less than 3,000,000 inhabitants may
5submit a proposition to abolish the road district of that
6township to the electors of that township at a general election
7or consolidated election in accordance with the general
8election law. The ballot shall be in substantially the
9following form:
 
10---------
11    Shall the Road District of the Township of
12........... be abolished with all the rights,YES
13powers, duties, assets, property, liabilities,
14obligations, and responsibilities being assumed ---------
15by the Township of ........... ? NO
16---------
17    In the event that a majority of the electors voting on such
18proposition are in favor thereof, then the road district shall
19be abolished by operation of law effective 90 days after vote
20certification by the governing election authority or on the
21date the term of the highway commissioner in office at the time
22the proposition was approved by the electors expires, whichever
23is later.

 

 

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1    On that date, all the rights, powers, duties, assets,
2property, liabilities, obligations, and responsibilities of
3the road district shall by operation of law vest in and be
4assumed by the township. On that date, the township board of
5trustees shall assume all taxing authority of a road district
6abolished under this Section. On that date, any highway
7commissioner of the abolished road district shall cease to hold
8office, such term having been terminated. Thereafter, the
9township shall exercise all duties and responsibilities of the
10highway commissioner as provided in the Illinois Highway Code.
11The township board of trustees may enter into a contract with
12the county, a municipality, or a private contractor to
13administer the roads under its jurisdiction. The township board
14of trustees shall assume all taxing authority of a township
15road district abolished under this subsection. For purposes of
16distribution of revenue, the township shall assume the powers,
17duties, and obligations of the road district. Distribution of
18revenue by the township to the treasurer of a municipality
19under Section 6-507 shall be only paid from moneys levied for
20road purposes pursuant to Division 5 of Article 6 of the
21Illinois Highway Code.
22    (b) If a referendum passed under subsection (a) at the
23November 6, 2018 election and a road district has not been
24abolished as provided in subsection (a) by the effective date
25of this amendatory Act of the 101st General Assembly:
26        (1) the township board shall have the sole authority

 

 

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1    relating to the following duties and powers of the road
2    district until the date of abolition:
3            (A) creating and approving the budget of the road
4        district;
5            (B) levying taxes (the township board of trustees
6        assumes all taxing authority of the township road
7        district);
8            (C) entering into contracts for the road district;
9            (D) employing and fixing the compensation of road
10        district employees that the township board deems
11        necessary; and
12            (E) setting and adopting rules concerning all
13        benefits available to employees of the road district.
14        (2) the road district or the highway commissioner may
15    not commence or maintain litigation against the township to
16    resolve any dispute related to the road district regarding
17    powers of the office of the highway commissioner, the
18    powers of the supervisor, or the powers of the township
19    board.
20    (c) If a township has approved a consolidated road district
21after a referendum under Section 6-109 and the consolidation is
22not yet effective and if the township subsequently approves a
23referendum under this Section, then the consolidation under
24Section 6-109 is void and shall not occur.
25(Source: P.A. 100-106, eff. 1-1-18.)
 

 

 

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1    (605 ILCS 5/6-135)
2    Sec. 6-135. Abolishing a road district with less than 15
3miles of roads.
4    (a) Any township in a county with a population less than
53,000,000 may abolish a road district of that township if the
6roads of the road district are less than 15 miles in length, as
7determined by the county engineer or county superintendent of
8highways, by resolution of a majority of the board of trustees
9to submit a referendum to abolish the road district of that
10township. The referendum shall be submitted to the electors of
11that township at the next general election or consolidated
12election in accordance with the general election law. The
13ballot shall be in substantially the following form:
14--------
15    Shall the Road District of the Township of
16........... be abolished with all the rights,YES
17powers, duties, assets, property, liabilities,
18obligations, and responsibilities being assumed --------
19by the Township of ........... ?NO
20--------
21    (b) If a majority of the electors voting on the referendum
22under subsection (a) of this Section are in favor of abolishing
23the township road district, then the road district is abolished
24on the January 1 following the approval of the referendum or on
25the date the term of the highway commissioner in office at the
26time the referendum was approved expires, whichever is later.

 

 

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1    On the date of abolition abolishment: all the rights,
2powers, duties, assets, property, liabilities, obligations,
3and responsibilities of the road district shall by operation of
4law vest in and be assumed by the township; the township board
5of trustees shall assume all taxing authority of a road
6district abolished under this Section; any highway
7commissioner of the abolished road district shall cease to hold
8office; the township shall exercise all duties and
9responsibilities of the highway commissioner as provided in the
10Illinois Highway Code; and for purposes of distribution of
11revenue, the township shall assume the powers, duties, and
12obligations of the road district. The township board of
13trustees may enter into a contract with the county, a
14municipality, or a private contractor to administer the roads
15added to its jurisdiction under this Section.
16    If a township has approved a consolidated road district
17after a referendum under Section 6-109 and the consolidation is
18not yet effective and if the township subsequently approves a
19referendum under this Section, then the consolidation under
20Section 6-109 is void and shall not occur.
21(Source: P.A. 100-107, eff. 1-1-18.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.