Rep. Daniel Didech

Filed: 3/21/2019

 

 


 

 


 
10100HB3676ham001LRB101 07944 AWJ 58349 a

1
AMENDMENT TO HOUSE BILL 3676

2    AMENDMENT NO. ______. Amend House Bill 3676 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Township Code is amended by changing
5Section 70-5 and by renumbering and changing Section 7-27, as
6added by Public 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

 

 

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1supervisor and require that he or she safely keep and pay over
2all money entrusted intrusted to his or her keeping as
3supervisor. The bond shall be approved by the township clerk
4and filed in the clerk's office with the clerk's approval
5indorsed on it.
6    (b) Whenever the township clerk ascertains that the bond
7has been forfeited, the clerk shall institute suit against the
8supervisor. If the clerk fails or refuses to institute a suit,
9any person interested in the matter may institute a suit.
10    (c) Any person temporarily appointed under Section 60-10 to
11perform the clerical functions of a supervisor shall, before
12performing those functions, give bond in the same manner and
13amount and subject to the same conditions as are required of
14the supervisor.
15(Source: P.A. 82-783; 88-62.)
 
16    (60 ILCS 1/70-27)
17    Sec. 70-27 7-27. Attestation to funds endorsed by the
18supervisor. If a township supervisor issues a payout of funds
19from the township treasury, the township clerk shall attest to
20such payment. A township board may adopt rules to implement the
21provisions of this Section, including rules regulating the
22township clerk's attestation when the township clerk is
23temporarily unavailable, for payroll processing, and for the
24payout of funds made by cash, credit and debit card, electronic
25check, and other means. Attestation under this Section is not

 

 

 

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1required by the township clerk prior to the issuance of an
2emergency financial assistance payout authorized by Section
36-10 of the Illinois Public Aid Code.
4(Source: P.A. 100-983, eff. 1-1-19; revised 1-15-19.)
 
5    Section 10. The Illinois Highway Code is amended by
6changing Sections 6-134 and 6-135 as follows:
 
7    (605 ILCS 5/6-134)
8    Sec. 6-134. Abolishing a road district.
9    (a) By resolution, the board of trustees of any township
10located in a county with less than 3,000,000 inhabitants may
11submit a proposition to abolish the road district of that
12township to the electors of that township at a general election
13or consolidated election in accordance with the general
14election law. The ballot shall be in substantially the
15following form:
 
16---------
17    Shall the Road District of the Township of
18........... be abolished with all the rights,YES
19powers, duties, assets, property, liabilities,
20obligations, and responsibilities being assumed ---------
21by the Township of ........... ? NO
22---------

 

 

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1    In the event that a majority of the electors voting on such
2proposition are in favor thereof, then the road district shall
3be abolished by operation of law effective 90 days after vote
4certification by the governing election authority or on the
5date the term of the highway commissioner in office at the time
6the proposition was approved by the electors expires, whichever
7is 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. Distribution of
25revenue by the township to the treasurer of a municipality
26under Section 6-507 shall be only paid from moneys levied for

 

 

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1road purposes pursuant to Division 5 of Article 6 of the
2Illinois Highway Code.
3    (b) If a referendum passed under subsection (a) at the
4November 6, 2018 election and a road district has not been
5abolished as provided in subsection (a) by the effective date
6of this amendatory Act of the 101st General Assembly:
7        (1) the township board shall have the sole authority
8    relating to the following duties and powers of the road
9    district until the date of abolition:
10            (A) creating and approving the budget of the road
11        district;
12            (B) levying taxes (the township board of trustees
13        assumes all taxing authority of the township road
14        district);
15            (C) entering into contracts for the road district;
16            (D) employing and fixing the compensation of road
17        district employees that the township board deems
18        necessary; and
19            (E) setting and adopting rules concerning all
20        benefits available to employees of the road district.
21        (2) the road district or the highway commissioner may
22    not commence or maintain litigation against the township to
23    resolve any dispute related to the road district regarding
24    powers of the office of the highway commissioner, the
25    powers of the supervisor, or the powers of the township
26    board.

 

 

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1    (c) If a township has approved a consolidated road district
2after a referendum under Section 6-109 and the consolidation is
3not yet effective and if the township subsequently approves a
4referendum under this Section, then the consolidation under
5Section 6-109 is void and shall not occur.
6(Source: P.A. 100-106, eff. 1-1-18.)
 
7    (605 ILCS 5/6-135)
8    Sec. 6-135. Abolishing a road district with less than 15
9miles of roads.
10    (a) Any township in a county with a population less than
113,000,000 may abolish a road district of that township if the
12roads of the road district are less than 15 miles in length, as
13determined by the county engineer or county superintendent of
14highways, by resolution of a majority of the board of trustees
15to submit a referendum to abolish the road district of that
16township. The referendum shall be submitted to the electors of
17that township at the next general election or consolidated
18election in accordance with the general election law. The
19ballot shall be in substantially the following form:
20--------
21    Shall the Road District of the Township of
22........... be abolished with all the rights,YES
23powers, duties, assets, property, liabilities,
24obligations, and responsibilities being assumed --------
25by the Township of ........... ?NO

 

 

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1--------
2    (b) If a majority of the electors voting on the referendum
3under subsection (a) of this Section are in favor of abolishing
4the township road district, then the road district is abolished
5on the 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 the date of abolition abolishment: all the rights,
9powers, duties, assets, property, liabilities, obligations,
10and responsibilities of the road district shall by operation of
11law vest in and be assumed by the township; the township board
12of trustees shall assume all taxing authority of a road
13district abolished under this Section; any highway
14commissioner of the abolished road district shall cease to hold
15office; the township shall exercise all duties and
16responsibilities of the highway commissioner as provided in the
17Illinois Highway Code; and for purposes of distribution of
18revenue, the township shall assume the powers, duties, and
19obligations of the road district. The township board of
20trustees may enter into a contract with the county, a
21municipality, or a private contractor to administer the roads
22added to its jurisdiction under this Section.
23    If a township has approved a consolidated road district
24after a referendum under Section 6-109 and the consolidation is
25not yet effective and if the township subsequently approves a
26referendum under this Section, then the consolidation under

 

 

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1Section 6-109 is void and shall not occur.
2(Source: P.A. 100-107, eff. 1-1-18.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.".