Full Text of SB0003 100th General Assembly
SB0003enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Election Code is amended by adding Section | 5 | | 3-7 and by changing Section 28-1 as follows: | 6 | | (10 ILCS 5/3-7 new) | 7 | | Sec. 3-7. Voters in consolidating and merging townships. | 8 | | (a) In the consolidated election where township trustees | 9 | | are elected next following the certification of a successful | 10 | | referendum to consolidate townships under Article 22 of the | 11 | | Township Code, the qualified electors entitled to caucus, vote | 12 | | for, be nominated for, and run for offices in the consolidated | 13 | | township that is to be formed are those registered voters | 14 | | residing in any of the townships identified in the referendum | 15 | | as they exist prior to consolidation. | 16 | | (b) In the consolidated election where township trustees | 17 | | are elected next following the certification of a successful | 18 | | referendum to dissolve a township and merge its territory into | 19 | | 2 adjacent townships under Article 23 of the Township Code, the | 20 | | qualified electors entitled to caucus, vote for, be nominated | 21 | | for, and run for offices in a receiving township shall also | 22 | | include those registered voters residing in the territory of | 23 | | the dissolving township described in the resolutions adopted |
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| 1 | | under Section 23-10 of the Township Code as the territory to be | 2 | | merged with the receiving township. For purposes of this | 3 | | subsection (b) only, "dissolving township" and "receiving | 4 | | township" have the meaning provided in Section 23-5 of the | 5 | | Township Code.
| 6 | | (10 ILCS 5/28-1) (from Ch. 46, par. 28-1)
| 7 | | Sec. 28-1.
The initiation and submission of all public | 8 | | questions to
be voted upon by the electors of the State or of | 9 | | any political
subdivision or district or precinct or | 10 | | combination of precincts shall be
subject to the provisions of | 11 | | this Article.
| 12 | | Questions of public policy which have any legal effect | 13 | | shall be
submitted to referendum only as authorized by a | 14 | | statute which so
provides or by the Constitution. Advisory | 15 | | questions of public policy
shall be submitted to referendum | 16 | | pursuant to Section 28-5 or pursuant to
a statute which so | 17 | | provides.
| 18 | | The method of initiating the submission of a public | 19 | | question shall be
as provided by the statute authorizing such | 20 | | public question, or as
provided by the Constitution.
| 21 | | All public questions shall be initiated, submitted and | 22 | | printed on the
ballot in the form required by Section 16-7 of | 23 | | this Act, except as may
otherwise be specified in the statute | 24 | | authorizing a public question.
| 25 | | Whenever a statute provides for the initiation of a public |
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| 1 | | question
by a petition of electors, the provisions of such | 2 | | statute shall govern
with respect to the number of signatures | 3 | | required, the qualifications of
persons entitled to sign the | 4 | | petition, the contents of the petition, the
officer with whom | 5 | | the petition must be filed, and the form of the
question to be | 6 | | submitted. If such statute does not specify any of the
| 7 | | foregoing petition requirements, the corresponding petition | 8 | | requirements
of Section 28-6 shall govern such petition.
| 9 | | Irrespective of the method of initiation, not more than 3 | 10 | | public
questions other than (a) back door referenda, (b) | 11 | | referenda to
determine whether a disconnection may take place | 12 | | where a city coterminous
with a township is proposing to annex | 13 | | territory from an adjacent township, (c) referenda held under | 14 | | the provisions of the Property Tax Extension
Limitation Law in | 15 | | the Property Tax Code, or (d) referenda held under
Section | 16 | | 2-3002 of the Counties Code , or (e) referenda held under | 17 | | Article 22, 23, or 29 of the Township Code may be submitted to
| 18 | | referendum with respect to a political
subdivision at the same | 19 | | election.
| 20 | | If more than 3 propositions are timely initiated or | 21 | | certified for
submission at an election with respect to a | 22 | | political subdivision, the
first 3 validly initiated, by the | 23 | | filing of a petition or by the
adoption of a resolution or | 24 | | ordinance of a political subdivision, as the
case may be, shall | 25 | | be printed on the ballot and submitted at that
election. | 26 | | However, except as expressly authorized by law not more than
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| 1 | | one proposition to change the form of government of a | 2 | | municipality
pursuant to Article VII of the Constitution may be | 3 | | submitted at an
election. If more than one such proposition is | 4 | | timely initiated or
certified for submission at an election | 5 | | with respect to a municipality,
the first validly initiated | 6 | | shall be the one printed on the ballot and
submitted at that | 7 | | election.
| 8 | | No public question shall be submitted to the voters of a | 9 | | political
subdivision at any regularly scheduled election at | 10 | | which such voters are
not scheduled to cast votes for any | 11 | | candidates for nomination for, election
to or retention in | 12 | | public office, except that if, in any existing or proposed
| 13 | | political subdivision in which the submission of a public | 14 | | question at a
regularly scheduled election is desired, the | 15 | | voters of only a portion of
such existing or proposed political | 16 | | subdivision are not scheduled to cast votes
for nomination for, | 17 | | election to or retention in public office at such election,
but | 18 | | the voters in one or more other portions of such existing or | 19 | | proposed
political subdivision are scheduled to cast votes for | 20 | | nomination for, election
to or retention in public office at | 21 | | such election, the public question shall be
voted upon by all | 22 | | the qualified voters of the entire existing or proposed
| 23 | | political subdivision at the election.
| 24 | | Not more than 3 advisory public questions may be submitted | 25 | | to the
voters of the entire state at a general election. If | 26 | | more than 3 such advisory
propositions are initiated, the first |
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| 1 | | 3 timely and validly initiated
shall be the questions printed | 2 | | on the ballot and submitted at that
election; provided however, | 3 | | that a question for a proposed amendment to
Article IV of the | 4 | | Constitution pursuant to Section 3, Article XIV of the
| 5 | | Constitution, or for a question submitted under the Property | 6 | | Tax Cap
Referendum Law, shall not be included in the foregoing | 7 | | limitation.
| 8 | | (Source: P.A. 93-308, eff. 7-23-03.)
| 9 | | Section 10. The Counties Code is amended by changing the | 10 | | heading of Division 2-4, by changing Sections 2-4006, 5-44010, | 11 | | 5-44020, and by adding Section 5-44043 as follows:
| 12 | | (55 ILCS 5/Div. 2-4 heading) | 13 | | Division 2-4. Counties not under | 14 | | Township Organization
| 15 | | Organized as a Commission | 16 | | Form of Government
| 17 | | (55 ILCS 5/2-4006)
| 18 | | Sec. 2-4006. Terms of commissioners.
| 19 | | (a) In every county not under
township organization that is | 20 | | organized as a commission form of government having 3 | 21 | | commissioners elected at large as described in
subsection (b) | 22 | | or (c), the commissioners shall be elected as provided in this
| 23 | | Section.
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| 1 | | (b) In a county in which one commissioner was elected at | 2 | | the general
election in 1992 to serve for a term of 4 years and | 3 | | in which 2 commissioners
will be elected at the general | 4 | | election in 1994, the commissioner elected in
1994 and | 5 | | receiving the greatest number of votes shall serve for a term | 6 | | of 6
years. The other commissioner elected in 1994 shall serve | 7 | | for a term of 4
years. At the general election in 1996 and at | 8 | | each general election
thereafter, one commissioner shall be | 9 | | elected to serve for a term of 6 years.
| 10 | | (c) In a county in which 2 commissioners were elected at | 11 | | the general
election in 1992 to serve for terms of 4 years and | 12 | | in which one commissioner
will be elected at the general | 13 | | election in 1994, the commissioner elected in
1994 shall serve | 14 | | for a term of 4 years. The commissioner elected in 1996 and
| 15 | | receiving the greatest number of votes shall serve for a term | 16 | | of 6 years. The
other commissioner elected in 1996 shall serve | 17 | | for a term of 4 years. At the
general election in 1998 and at | 18 | | each general election thereafter, one
commissioner shall be | 19 | | elected to serve for a term of 6 years. | 20 | | (c-5) In Calhoun County, Edwards County, and Union County, | 21 | | the registered voters of the county may, upon referendum
| 22 | | initiated by (i) the adoption of a resolution of the
board of | 23 | | county commissioners or (ii) a petition signed by not less than | 24 | | 10% of the registered voters in the county, determine that the | 25 | | board of
county commissioners shall consist of 5
commissioners | 26 | | elected at large. The commissioners must certify
the question |
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| 1 | | to the proper election authority, which must
submit the | 2 | | question at an election in accordance with the
general election | 3 | | law. | 4 | | The question shall be submitted in substantially the
| 5 | | following form: | 6 | | "Shall the board of county commissioners of (county) | 7 | | consist of 5 commissioners elected at large?" | 8 | | Votes must be recorded as "Yes" or "No". If a majority of | 9 | | the electors voting on the question vote in the affirmative, | 10 | | then a 5-member board of county commissioners shall be | 11 | | established beginning with the next general election. The | 12 | | County Clerk, in consultation with the State's Attorney for the | 13 | | county, shall develop and present to the board of county | 14 | | commissioners, to implement by the adoption of a resolution, | 15 | | the transition of terms for the current 3-member board of | 16 | | commissioners and the addition of 2 commissioners for 6-year | 17 | | terms. Thereafter, commissioners shall be elected at each | 18 | | general election to fill expired terms.
| 19 | | (d) The provisions of this Section do not apply to | 20 | | commissioners elected
under Section 2-4006.5 of this Code.
| 21 | | (Source: P.A. 96-175, eff. 8-10-09.)
| 22 | | (55 ILCS 5/5-44010) | 23 | | Sec. 5-44010. Applicability. The powers and authorities | 24 | | provided by this Division 5-44 apply to all counties DuPage, | 25 | | Lake, and McHenry Counties and units of local government within |
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| 1 | | such counties.
| 2 | | (Source: P.A. 98-126, eff. 8-2-13; 99-709, eff. 8-5-16.) | 3 | | (55 ILCS 5/5-44020) | 4 | | Sec. 5-44020. Definitions. In this Division 5-44: | 5 | | "Fire protection jurisdiction" means a fire protection | 6 | | district, municipal fire department, or service organized | 7 | | under Section 5-1056.1 of the Counties Code, Sections 195 and | 8 | | 200 of the Township Code, Section 10-2.1 of the Illinois | 9 | | Municipal Code, or the Illinois Fire Protection District Act. | 10 | | "Governing board" means the individual or individuals who | 11 | | constitute the
corporate authorities of a unit of local | 12 | | government. | 13 | | "Unit of local government" or "unit" means any unit of | 14 | | local government located entirely within one county, to which | 15 | | the county board chairman or county executive directly appoints | 16 | | a majority of its governing board with the advice and consent | 17 | | of the county board, but shall not include a fire protection | 18 | | district that directly employs any regular full-time | 19 | | employees, a conservation district organized under the | 20 | | Conservation District Act, or a special district organized | 21 | | under the Water Commission Act of 1985 , a community mental | 22 | | health board established under the Community Mental Health | 23 | | Board Act, or a board established under the County Care for | 24 | | Persons with Developmental Disabilities Act .
| 25 | | (Source: P.A. 98-126, eff. 8-2-13; 98-756, eff. 7-16-14; |
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| 1 | | 99-709, eff. 8-5-16.) | 2 | | (55 ILCS 5/5-44043 new) | 3 | | Sec. 5-44043. Rights and obligations of employees. | 4 | | (a) The status and rights of employees represented by an | 5 | | exclusive bargaining representative shall not be affected by | 6 | | the dissolution of a unit of local government under this | 7 | | Division, except that this subsection does not apply in DuPage, | 8 | | Lake, and McHenry Counties for actions taken before the | 9 | | effective date of this amendatory Act of the 100th General | 10 | | Assembly. | 11 | | (b) Obligations of the dissolving unit of local government | 12 | | assumed by the trustee-in-dissolution, county, or governing | 13 | | body of a special service area include the obligation to honor | 14 | | representation rights under the Illinois Public Labor | 15 | | Relations Act and any collective bargaining agreements | 16 | | existing on the date of dissolution of the unit of local | 17 | | government. | 18 | | (c) The rights of employees under any pensions, retirement | 19 | | plans, or annuity plans existing on the date of dissolution of | 20 | | the unit of local government are not affected by the | 21 | | dissolution of a unit of local government under this Division.
| 22 | | Section 15. The Township Code is amended by adding Articles | 23 | | 22, 23, and 29 and by changing Sections 10-25, 25-15, 25-25, | 24 | | and 65-20 as follows:
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| 1 | | (60 ILCS 1/10-25)
| 2 | | Sec. 10-25. Plan for changes in townships.
| 3 | | (a) The county board of each county may, subject to a | 4 | | referendum in the
townships affected as provided in this | 5 | | Section, adopt a plan for altering the
boundaries of townships, | 6 | | changing township lines, dividing, enlarging, or
consolidating | 7 | | townships, or creating new townships, so that each township | 8 | | shall
possess an equalized assessed valuation of not less than | 9 | | $10,000,000 as of the
1982 assessment year or an area of not | 10 | | more than 126 square miles .
| 11 | | (b) No alteration or change in boundaries shall be | 12 | | effective unless
approved by a referendum in each township | 13 | | affected. The election authority
shall submit to the voters of | 14 | | each township affected, at a regular
election to be held not | 15 | | less than 60 days after the plan is adopted,
the question of | 16 | | approving the alteration or change. The alterations or changes,
| 17 | | if approved by the voters, shall take effect on the date of the | 18 | | next township
election and shall be applicable to that | 19 | | election. If there is doubt as to the
township clerk with whom | 20 | | nomination papers for that election should be filed,
the county | 21 | | board shall designate the clerk. In the alteration of | 22 | | boundaries, a
county board may not disturb urban or coterminous | 23 | | townships in existence on
October 1, 1978.
| 24 | | (Source: P.A. 84-1308; 88-62.)
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| 1 | | (60 ILCS 1/Art. 22 heading new) | 2 | | ARTICLE 22. CONSOLIDATION OF | 3 | | MULTIPLE TOWNSHIPS | 4 | | (60 ILCS 1/22-5 new) | 5 | | Sec. 22-5. Resolution for consolidation; notice. | 6 | | (a) Notwithstanding any other provision of law to the | 7 | | contrary, the township boards of any 2 or more adjacent | 8 | | townships may, by identical resolutions of each board, propose | 9 | | consolidation by referendum: (i) into a new township; or (ii) | 10 | | into an existing township. Each resolution shall include, but | 11 | | is not limited to, the following: | 12 | | (1) the name of the proposed new consolidated township | 13 | | or the name of the existing township into which all | 14 | | townships will be consolidated; | 15 | | (2) a description of how each road district or road | 16 | | districts of a dissolving township shall comply with | 17 | | subsection (c) of Section 22-20 if a township will be | 18 | | consolidating into an existing township; | 19 | | (3) the names of all townships that will be | 20 | | consolidating and a description of the area of | 21 | | consolidation; and | 22 | | (4) the date of the general election at which the | 23 | | referendum shall be held. | 24 | | All resolutions shall be passed not less than 79 days | 25 | | before the general election stated in the resolutions. For |
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| 1 | | purposes of this Section, 3 or more townships are adjacent when | 2 | | each township shares a boundary with at least one of the other | 3 | | townships which are to be consolidated. | 4 | | (b) Before passing a resolution under subsection (a), each | 5 | | township board shall hold a public hearing on those matters | 6 | | after notice of the hearing has been published on the main page | 7 | | of the townships' websites, if any, and in a newspaper having a | 8 | | general circulation in the townships affected. The notice shall | 9 | | be published at least 30 days before the date of the hearing. | 10 | | The notice shall contain, at a minimum, the name of all | 11 | | townships that will be consolidating and a description of the | 12 | | area of consolidation. | 13 | | (60 ILCS 1/22-10 new) | 14 | | Sec. 22-10. Referendum. | 15 | | (a) Upon the adoption of resolutions under Section 22-5 by | 16 | | each township, the township boards shall certify the question | 17 | | to the election authority and the authority shall cause to be | 18 | | submitted to the voters of each township at the general | 19 | | election specified in the resolutions a referendum to | 20 | | consolidate the townships. The referendum shall be | 21 | | substantially in the following form: | 22 | | Shall (names of townships) be consolidated into [a new | 23 | | township called (name of proposed consolidated | 24 | | township)/the township of (name of existing township)]? | 25 | | The votes shall be recorded as "Yes" or "No". |
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| 1 | | The referendum is approved when a majority of the voters, | 2 | | in each of the affected townships, approve the referendum. | 3 | | (b) Before a referendum appears on the ballot under | 4 | | subsection (a), each township board shall publish a copy of the | 5 | | adopted resolution on the main page of the townships' websites, | 6 | | if any, and in a newspaper having a general circulation in each | 7 | | of the townships affected. The notice shall be published at | 8 | | least 30 days before the date of the general election in which | 9 | | the referendum will appear. | 10 | | Each township board shall additionally mail a copy of the | 11 | | adopted resolution, along with a copy of the referendum | 12 | | language and a list of all taxes levied for general township | 13 | | purposes in the affected townships, to every registered voter | 14 | | in each township affected. The notice shall be mailed at least | 15 | | 30 days before the date of the general election in which the | 16 | | referendum will appear. | 17 | | (c) Notwithstanding any provision of law to the contrary, | 18 | | no tax rate may be extended for any fund of the consolidated | 19 | | district for the first levy year of the consolidated district | 20 | | that exceeds any statutory maximum set forth for that fund, | 21 | | unless the referendum also conforms to the requirements of the | 22 | | Property Tax Extension Limitation Law or other statutory | 23 | | provision setting forth that limitation. | 24 | | (60 ILCS 1/22-15 new) | 25 | | Sec. 22-15. Transition. Notwithstanding any other |
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| 1 | | provision of law to the contrary, upon the approval of a | 2 | | referendum under Section 22-10: | 3 | | (a) There shall be no further nominations or elections for | 4 | | clerks, assessors, collectors, highway commissioners, | 5 | | supervisors, or trustees of any of the separate townships or | 6 | | highway commissions, and the terms of all such officers | 7 | | currently serving shall continue until the third Monday of May | 8 | | of the year in which township officials are elected next | 9 | | following the approval of a referendum under Section 22-10. | 10 | | (b) A Transition Township Board is formed and is composed | 11 | | of the members of the separate townships boards. The Transition | 12 | | Township Board has only the following powers: (1) to propose | 13 | | and approve the compensation of all officials of the | 14 | | consolidated township that will be elected at the consolidated | 15 | | election next following the passage of the referendum under | 16 | | Section 22-10; and (2) to propose and approve additional debt | 17 | | to be taken on by any of the separate townships. | 18 | | (c) The Transition Township Board shall hold a public | 19 | | hearing no later than the last Tuesday in December before the | 20 | | consolidated township board of trustees are elected next | 21 | | following the approval of a referendum under Section 22-10. If | 22 | | the Board cannot agree on the compensation for an official by | 23 | | the first Tuesday in April before the consolidated election of | 24 | | township officials next following the approval of a referendum | 25 | | under Section 22-10, then the compensation for that official | 26 | | shall be equal to the lowest compensation for the same office |
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| 1 | | between the separate townships in the preceding calendar year. | 2 | | (d) The separate townships shall not incur any additional | 3 | | debt without the approval of the Transition Township Board. For | 4 | | purposes of this Section, "debt" has the meaning ascribed to | 5 | | that term in Section 23-5. | 6 | | (e) Section 3-7 of the Election Code shall govern those | 7 | | individuals entitled to caucus, vote for, be nominated for, and | 8 | | run for offices for the consolidated township at the | 9 | | consolidated election of township officials next following the | 10 | | approval of a referendum under Section 22-10. | 11 | | (60 ILCS 1/22-20 new) | 12 | | Sec. 22-20. Consolidated township. | 13 | | (a) On the third Monday of May of the year in which | 14 | | township officials are elected following the approval of a | 15 | | referendum under Section 22-10, the following shall occur: | 16 | | (1) the separate townships cease and the consolidated | 17 | | township is created; | 18 | | (2) all rights, powers, duties, assets, and property, | 19 | | together with all personnel, contractual obligations, | 20 | | other obligations, responsibilities, and liabilities of | 21 | | the separate townships are transferred to the consolidated | 22 | | township; those rights include, but are not limited to, the | 23 | | authority to continue to collect, receive, and expend the | 24 | | proceeds of any tax levied by any of the separate townships | 25 | | prior to the creation of the consolidated township without |
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| 1 | | an additional ordinance, resolution, or referendum; the | 2 | | proceeds of any tax levied by any of the separate townships | 3 | | prior to the creation of the consolidated township shall be | 4 | | expended or disposed of by the consolidated township in the | 5 | | same manner as such assessments might have been expended or | 6 | | disposed of by the separate townships; however, if the | 7 | | consolidated township board determines that there is a | 8 | | surplus in the fund for general township purposes on | 9 | | December 31 of the calendar year in which the consolidation | 10 | | occurs, then any portion of the surplus that is solely | 11 | | attributable to the consolidation shall be refunded to the | 12 | | owners of record of taxable property within the | 13 | | consolidated district on a pro rata basis; and | 14 | | (3) road districts located within the separate | 15 | | townships are abolished. | 16 | | (b) When a new township is created, a new road district | 17 | | encompassing the consolidated township is created. All the | 18 | | rights, powers, duties, assets, property, liabilities, | 19 | | obligations, and responsibilities of the separate road | 20 | | districts shall vest in and be assumed by the new road district | 21 | | as provided for in the resolutions adopted under Section 22-5. | 22 | | The new township board of trustees shall exercise the taxing | 23 | | authority of a road district abolished under this Section. The | 24 | | highway commissioners of the abolished road districts shall | 25 | | cease to hold office on the date the road district is | 26 | | abolished. The new township board shall exercise all duties and |
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| 1 | | responsibilities of the highway commissioner as provided in the | 2 | | Illinois Highway Code. For purposes of distribution of revenue, | 3 | | the new township shall assume the powers, duties, and | 4 | | obligations of the road district of the dissolving road | 5 | | district. The new township board may enter into a contract with | 6 | | the county, a municipality, or a private contractor
to | 7 | | administer the roads under the new road district. | 8 | | (c) When a township consolidates into an existing township, | 9 | | all the rights, powers, duties, assets, property, liabilities, | 10 | | obligations, and responsibilities of the abolished road | 11 | | districts shall vest in and be assumed by the existing | 12 | | township's road district as provided for in the resolutions | 13 | | adopted under Section 22-5. The consolidated township board of | 14 | | trustees shall exercise the taxing authority of a road district | 15 | | abolished under this Section. Highway commissioners of the | 16 | | abolished road districts shall cease to hold office on the date | 17 | | the road district is abolished. The consolidated township shall | 18 | | exercise all duties and responsibilities of the highway | 19 | | commissioner as provided in the Illinois Highway Code. For | 20 | | purposes of distribution of revenue, the existing township's | 21 | | road district or districts shall assume the powers, duties, and | 22 | | obligations of the road district of the dissolving road | 23 | | district. | 24 | | (60 ILCS 1/Art. 23 heading new) | 25 | | ARTICLE 23. MERGER OF A SINGLE |
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| 1 | | TOWNSHIP INTO 2 OTHER TOWNSHIPS | 2 | | (60 ILCS 1/23-5 new) | 3 | | Sec. 23-5. Definitions. As used in this Article: | 4 | | "Dissolving road district" means a road district in a | 5 | | dissolving township, which is dissolved under subsection (c) of | 6 | | Section 23-25. | 7 | | "Dissolving township" means a township which is proposed to | 8 | | be dissolved into and be merged with 2 other adjacent | 9 | | townships. | 10 | | "Equalized assessed value" has the meaning provided in | 11 | | Section 18-213 of the Property Tax Code. | 12 | | "Debt" means indebtedness incurred by a dissolving | 13 | | township including, but not limited to, mortgages, judgments, | 14 | | and moneys due through the issuance and sale of bonds, or | 15 | | through an equivalent manner of borrowing for which notes or | 16 | | other evidences of indebtedness are issued fixing the amount of | 17 | | principal and interest from time to time payable to retire the | 18 | | indebtedness. | 19 | | "Receiving township" means a township into which a portion | 20 | | of the dissolving township will be merged. | 21 | | (60 ILCS 1/23-10 new) | 22 | | Sec. 23-10. Resolution for merger; notice. | 23 | | (a) Notwithstanding any other provision of law to the | 24 | | contrary, the township boards of any 3 adjacent townships may, |
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| 1 | | by identical resolutions of each board, propose that a township | 2 | | which borders the other 2 townships be dissolved by referendum | 3 | | and all rights, powers, duties, assets, and property, together | 4 | | with all personnel, contractual obligations, other | 5 | | obligations, responsibilities, and liabilities of the | 6 | | dissolving township transferred to the receiving townships. | 7 | | Each resolution shall include, but is not limited to, the | 8 | | following: | 9 | | (1) a legal description of the former territory of the | 10 | | dissolving township each receiving township will take upon | 11 | | the dissolution of the dissolving township; | 12 | | (2) a description of how all assets and property, | 13 | | together with all personnel, contractual obligations, | 14 | | other obligations, responsibilities, and liabilities of | 15 | | the dissolving township will be transferred to the | 16 | | receiving townships; | 17 | | (3) the tax rates for general township purposes for the | 18 | | immediately preceding levy year, as extended and collected | 19 | | in the year in which the resolution is adopted, for the | 20 | | dissolving township and each receiving township; | 21 | | (4) a description and amount of all debt each receiving | 22 | | township shall assume after the dissolving township | 23 | | dissolves. The debt shall be assumed by each receiving | 24 | | township in equal proportion to the equalized assessed | 25 | | value of the land and property that will be received by | 26 | | each receiving township from the dissolving township |
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| 1 | | unless otherwise agreed to in the resolutions; | 2 | | (5) a description of how each road district or road | 3 | | districts of a dissolving township shall comply with | 4 | | subsection (c) of Section 23-25; and | 5 | | (6) the date of the general election at which the | 6 | | referendum shall be held. | 7 | | All resolutions shall be passed not less than 79 days | 8 | | before the general election stated in the resolutions. | 9 | | (b) Before passing a resolution under this Section, each | 10 | | township board shall hold a public hearing on those matters | 11 | | after notice of the hearing has been published on the main page | 12 | | of the townships' websites, if any, and in a newspaper having a | 13 | | general circulation in the townships affected. The notice shall | 14 | | be published at least 30 days before the date of the hearing. | 15 | | The notice shall contain, at a minimum, the name of the | 16 | | dissolving township and receiving townships and a description | 17 | | of the area each receiving township will receive from the | 18 | | dissolving township. | 19 | | (60 ILCS 1/23-15 new) | 20 | | Sec. 23-15. Referendum and notices. | 21 | | (a) Upon the adoption of resolutions under Section 23-10 by | 22 | | all townships, the township boards shall certify the question | 23 | | to the election authority and the authority shall cause to be | 24 | | submitted to the voters of all townships at the general | 25 | | election specified in the resolutions a referendum to |
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| 1 | | consolidate the townships. The referendum shall be | 2 | | substantially in the following form: | 3 | | Shall (name of dissolving township) be dissolved into | 4 | | (names of receiving townships)? | 5 | | The votes shall be recorded as "Yes" or "No". | 6 | | The referendum is approved when a majority of the voters, | 7 | | in each of the affected townships, approve the referendum. | 8 | | (b) Before a referendum appears on the ballot under | 9 | | subsection (a), the township boards shall publish a copy of the | 10 | | adopted resolution on the main page of the townships' websites, | 11 | | if any, and in a newspaper having a general circulation in each | 12 | | of the townships affected. The notice shall be published at | 13 | | least 30 days before the date of the general election. | 14 | | Each township board shall additionally mail a copy of the | 15 | | adopted resolution, along with a copy of the referendum | 16 | | language and a list of all taxes levied for general township | 17 | | purposes in the affected townships, to every registered voter | 18 | | in each township affected. The notice shall be mailed at least | 19 | | 30 days before the date of the general election in which the | 20 | | referendum will appear. | 21 | | (c) Notwithstanding any provision of law to the contrary, | 22 | | no tax rate may be extended for any fund of the consolidated | 23 | | district for the first levy year of the consolidated district | 24 | | that exceeds any statutory maximum set forth for that fund, | 25 | | unless the referendum also conforms to the requirements of the | 26 | | Property Tax Extension Limitation Law or other statutory |
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| 1 | | provision setting forth that limitation. | 2 | | (60 ILCS 1/23-20 new) | 3 | | Sec. 23-20. Transition. | 4 | | (a) Notwithstanding any other provision of law to the | 5 | | contrary, upon the approval of a referendum under Section | 6 | | 23-15: | 7 | | (1) there shall be no further nominations or elections | 8 | | for clerks, assessors, collectors, highway commissioners, | 9 | | supervisors, or trustees of the dissolving township or | 10 | | highway commissions and the terms of all such officers | 11 | | currently serving shall continue until the third Monday of | 12 | | May of the year in which township officials are elected | 13 | | following the approval of a referendum under Section 23-15; | 14 | | (2) a Transition Township Board is formed for each | 15 | | receiving township. Each Transition Township Board shall | 16 | | be composed of the members of the dissolving township | 17 | | boards plus the members of the receiving township board. | 18 | | The Transition Township Board shall only have authority to | 19 | | do the following under paragraphs (3) and (4) of this | 20 | | Section: provide for the compensation for all receiving | 21 | | township officials that will be elected at the consolidated | 22 | | election next following the approval of a referendum under | 23 | | Section 23-15; and approving additional debt to be taken on | 24 | | by the dissolving township; | 25 | | (3) each Transition Township Board shall hold a public |
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| 1 | | meeting no later than the first Tuesday in April before the | 2 | | receiving townships' boards of trustees are elected at the | 3 | | consolidated election next following the approval of a | 4 | | referendum under Section 23-15. At this public meeting, the | 5 | | Transition Township Board shall provide for the | 6 | | compensation for all township officials that will be | 7 | | elected at the consolidated election. If the Board cannot | 8 | | agree on the compensation for an official, then the | 9 | | compensation for the same office between the receiving and | 10 | | dissolving townships shall be the lower compensation for | 11 | | the office in the dissolving township or receiving | 12 | | township; | 13 | | (4) the dissolving township shall not incur any | 14 | | additional debt without the approval of the Transition | 15 | | Township Board of each receiving township that would assume | 16 | | such debt after dissolution of the dissolving township; and | 17 | | (5) Section 3-7 of the Election Code shall govern those | 18 | | individuals entitled to caucus, vote for, be nominated for, | 19 | | and run for offices for the receiving townships at the | 20 | | consolidated election of township officials next following | 21 | | the approval of a referendum under Section 23-15. | 22 | | (b) Upon the approval of a referendum under Section 23-15, | 23 | | the receiving townships may enter into an intergovernmental | 24 | | agreement under the Intergovernmental Cooperation Act for any | 25 | | lawful purpose relating to the land or property contained in | 26 | | the dissolving township after the township is dissolved. |
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| 1 | | (60 ILCS 1/23-25 new) | 2 | | Sec. 23-25. Merged township. On the third Monday of May of | 3 | | the year in which township officials are elected following the | 4 | | approval of a referendum under Section 23-15, the following | 5 | | shall occur: | 6 | | (a) The dissolving township ceases. | 7 | | (b) All rights, powers, duties, assets, and property, | 8 | | together with all personnel, contractual obligations, | 9 | | other obligations, responsibilities, and liabilities of | 10 | | the dissolving township are transferred to the receiving | 11 | | townships as provided in the resolution adopted under | 12 | | Section 23-10. The rights include, but are not limited to, | 13 | | the authority to continue to collect and receive any tax | 14 | | levied prior to the creation of the merged townships | 15 | | without an additional ordinance, resolution, or | 16 | | referendum. | 17 | | (c) Road districts located within the dissolving | 18 | | township are abolished and all the rights, powers, duties, | 19 | | assets, property, liabilities, obligations, and | 20 | | responsibilities of the dissolving road districts shall | 21 | | vest in and be assumed by the receiving townships' road | 22 | | districts as provided for in the resolutions adopted under | 23 | | Section 23-10; the boards of trustees of the receiving | 24 | | townships shall exercise the taxing authority of a road | 25 | | district dissolved under this Section and shall exercise |
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| 1 | | all duties and responsibilities of the highway | 2 | | commissioner as provided in the Illinois Highway Code | 3 | | unless a road district in the receiving township has a | 4 | | highway commissioner who shall assume all duties and | 5 | | responsibilities of the highway commissioner of the | 6 | | dissolving road districts if so resolved by the receiving | 7 | | township board; highway commissioners of the dissolving | 8 | | road districts shall cease to hold office on the date the | 9 | | road district is abolished; and for purposes of | 10 | | distribution of revenue, the receiving townships' road | 11 | | districts, or the township board if no road districts | 12 | | exist, shall assume the powers, duties, and obligations of | 13 | | the dissolving road district.
| 14 | | (60 ILCS 1/25-15)
| 15 | | Sec. 25-15. Selection of county governing body; election | 16 | | Election of county commissioners . When township organization
| 17 | | ceases in any county as provided in this Article, the county | 18 | | board may by ordinance or resolution restructure into a | 19 | | commission form of government on or before 180 days after a | 20 | | township organization ceases. If the county board votes to | 21 | | assume a commission form of government, an election shall be | 22 | | held in
the county at the next general election in an | 23 | | even-numbered year for 3 county
commissioners who shall hold | 24 | | office for 2, 4, and 6 years, respectively, and
until their | 25 | | successors are elected and qualified. Terms shall be determined |
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| 1 | | by
lot. At each succeeding general election after the first, | 2 | | one commissioner
shall be elected.
| 3 | | (Source: P.A. 82-783; 88-62.)
| 4 | | (60 ILCS 1/25-25)
| 5 | | Sec. 25-25. Disposal of township records and property. When | 6 | | township
organization is discontinued in any county, the | 7 | | records of the several
townships shall be deposited in the | 8 | | county clerk's office. The county
board or board of county | 9 | | commissioners of the county may close up all unfinished | 10 | | business of the several
townships and sell or and dispose of | 11 | | any of the property belonging to a township
for the benefit of | 12 | | the inhabitants of the township, as fully as might have been
| 13 | | done by the townships themselves. The county board or board of | 14 | | county commissioners may pay all the
indebtedness of any | 15 | | township existing at the time of the discontinuance of
township | 16 | | organization and cause the amount of the indebtedness, or so | 17 | | much as
may be necessary, to be levied upon the property of the | 18 | | township.
| 19 | | (Source: P.A. 82-783; 88-62.)
| 20 | | (60 ILCS 1/Art. 29 heading new) | 21 | | ARTICLE 29. DISCONTINUANCE OF | 22 | | TOWNSHIP WITHIN COTERMINOUS | 23 | | MUNICIPALITY: ALL TOWNSHIPS |
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| 1 | | (60 ILCS 1/29-5 new) | 2 | | Sec. 29-5. Resolutions to discontinue and abolish a | 3 | | township. The township board and the corporate authorities of a | 4 | | coterminous, or substantially coterminous, municipality may by | 5 | | resolutions of the board and corporate authorities, and after | 6 | | referendum of the voters of the township and municipality: (1) | 7 | | discontinue and abolish the township; (2) transfer all the | 8 | | rights, powers, duties, assets, property, liabilities, | 9 | | obligations, and responsibilities of the township to the | 10 | | municipality; and (3) cease and dissolve all township road | 11 | | districts with the district's jurisdiction and authority | 12 | | transferred to the municipality upon the dissolution of the | 13 | | township. | 14 | | (60 ILCS 1/29-10 new) | 15 | | Sec. 29-10. Notice. | 16 | | (a) Before passing resolutions under Section 29-5, the | 17 | | township board and the corporate authorities of the | 18 | | municipality shall hold public hearings on those matters after | 19 | | notice of the hearing has been published on the main page of | 20 | | the respective entities' websites, if any, and in a newspaper | 21 | | having general circulation in the township and municipality. | 22 | | The notice shall be published at least 30 days before the date | 23 | | of the hearing. | 24 | | (b) Before a referendum is placed on the ballot under | 25 | | Section 29-15, each township board shall publish a copy of the |
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| 1 | | resolution adopted under Section 29-5 on the main page of the | 2 | | respective entities' websites, if any, and in a newspaper of | 3 | | general circulation in the township and municipality affected. | 4 | | The notice shall be published at least 30 days before the date | 5 | | of the general election in which the referendum will appear. | 6 | | Each township board shall additionally mail a copy of the | 7 | | adopted resolution, along with a copy of the referendum | 8 | | language, the date the referendum will appear, and a list of | 9 | | all taxes levied in the affected townships, to every registered | 10 | | voter in each township affected. The notice shall be mailed at | 11 | | least 30 days before the date of the election in which the | 12 | | referendum will appear. | 13 | | (60 ILCS 1/29-15 new) | 14 | | Sec. 29-15. Referendum for cessation of township. Upon the | 15 | | adoption of resolutions under Section 29-5 by both the township | 16 | | and municipality, the township board and corporate authorities | 17 | | of the municipality shall certify the question to the election | 18 | | authority and the authority shall cause to be submitted to the | 19 | | voters of the township and municipality at the next election a | 20 | | referendum to discontinue the township and to transfer all the | 21 | | rights, powers, duties, assets, property, liabilities, | 22 | | obligations, and responsibilities of the township to the | 23 | | municipality. The referendum shall be substantially in the | 24 | | following form: | 25 | | Shall the Township of (name
of township) cease? |
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| 1 | | The votes shall be recorded as "Yes" or "No". The | 2 | | referendum is approved when a majority of the voters, in both | 3 | | the township and municipality, approve the referendum. | 4 | | If the referendum is approved, there shall be no further | 5 | | nominations or elections for clerks, assessors, collectors, | 6 | | highway commissioners, supervisors, or trustees of the | 7 | | township or highway commission, and the terms of all such | 8 | | officers currently serving shall continue until the third | 9 | | Monday of May of the year of the consolidated election in which | 10 | | township officials are elected next following the approval of a | 11 | | referendum under this Section. | 12 | | (60 ILCS 1/29-20 new) | 13 | | Sec. 29-20. Cessation of township. On the third Monday in | 14 | | May in the year of the consolidated election in which township | 15 | | officials are elected next following the approval of a | 16 | | referendum under Section 29-15: | 17 | | (1) the township is discontinued and abolished and all | 18 | | the rights, powers, duties, assets, property, liabilities, | 19 | | obligations, and responsibilities of the township shall | 20 | | vest in and be assumed by the municipality, including the | 21 | | authority to levy property taxes for township purposes in | 22 | | the same manner as the dissolved township without an | 23 | | additional ordinance, resolution, or referendum; | 24 | | (2) all township officers shall cease to hold office; | 25 | | (3) the municipality shall exercise all duties and |
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| 1 | | responsibilities of the township officers as provided in | 2 | | the Township Code, the Illinois Public Aid Code, the | 3 | | Property Tax Code, and the Illinois Highway Code, as | 4 | | applicable. The municipality may enter into an | 5 | | intergovernmental agreement with the county or the State to | 6 | | administer the duties and responsibilities of the township | 7 | | officers for services under its jurisdiction; and | 8 | | (4) any road district located within the township is | 9 | | abolished and its jurisdiction, rights, powers, duties, | 10 | | assets, property, liabilities, obligations, and | 11 | | responsibilities shall vest in and be assumed by the | 12 | | municipality and the highway commissioner of the abolished | 13 | | road district shall cease to hold office. The corporate | 14 | | authorities of the municipality shall: exercise the taxing | 15 | | authority of a road district abolished under this Section; | 16 | | exercise all duties and responsibilities of the highway | 17 | | commissioner as provided in the Illinois Highway Code; and | 18 | | for purposes of distribution of revenue, assume the powers, | 19 | | duties, and obligations of the road district in the | 20 | | discontinued township. The corporate authorities of a | 21 | | municipality may enter into an intergovernmental agreement | 22 | | or a contract with the county, another municipality, or a | 23 | | private contractor to administer the roads which were under | 24 | | the jurisdiction of the abolished road district. | 25 | | (60 ILCS 1/29-25 new) |
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| 1 | | Sec. 29-25. Business, records, and property of | 2 | | discontinued township. The records of a township discontinued | 3 | | under this Article shall be deposited in the municipality's | 4 | | city clerk's office. The municipality may close up all | 5 | | unfinished business of the township and sell and dispose of any | 6 | | of the property belonging to the township for benefit of the | 7 | | inhabitants of the municipality.
| 8 | | (60 ILCS 1/65-20)
| 9 | | Sec. 65-20. Road district treasurer; new township; | 10 | | multi-township
officers. | 11 | | (a) Compensation of township officers shall be set by the | 12 | | township board
at least 180 days before the beginning of the | 13 | | terms of officers,
including compensation of the road district | 14 | | treasurer, which shall be not less
than $100 or more than | 15 | | $1,000 per year.
Compensation of a township assessor and | 16 | | collector shall be set at the same
time as the compensation of | 17 | | the township supervisor. Compensation of a
multi-township | 18 | | assessor shall be set at least 150 days before his or her
| 19 | | election.
| 20 | | (b) The compensation to be paid to each officer in a new | 21 | | township
established under Section 10-25 shall be determined | 22 | | under this Section by
the township board of the township the | 23 | | whole or a part of which
comprises the new township and that | 24 | | has the highest equalized assessed
valuation (as of December | 25 | | 31, 1972) of the old townships that comprise the new
township.
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| 1 | | (c) At least 150 days before the
election of multi-township | 2 | | officers, the multi-township board may establish
additional | 3 | | pay of those board members for their services in an amount not | 4 | | to
exceed $25 per day for each day of services.
| 5 | | (d) For the first term of a township consolidated or merged | 6 | | under Article 22 or 23, compensation for township officers of | 7 | | the consolidated or merged township shall be set by the | 8 | | Transition Township Board no later than the first day in April | 9 | | before the consolidated election at which the township officers | 10 | | are to be elected. | 11 | | (Source: P.A. 90-210, eff. 7-25-97.)
| 12 | | Section 20. The Home Equity Assurance Act is amended by | 13 | | changing Sections 4 and 5 and by adding Section 21 as follows:
| 14 | | (65 ILCS 95/4) (from Ch. 24, par. 1604)
| 15 | | Sec. 4. Creation of Commission. | 16 | | (a) Whenever in a municipality with
more than 1,000,000 | 17 | | inhabitants, the question of creating a home equity
program | 18 | | within a contiguous territory included entirely within
the | 19 | | municipality is initiated by resolution or ordinance
of the | 20 | | corporate authorities of the municipality or by a petition
| 21 | | signed by not less than 10% of the total number of registered | 22 | | voters of
each precinct in the territory, the registered voters | 23 | | of
which are eligible to sign the petition, it shall be
the | 24 | | duty of the election authority having jurisdiction over such
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| 1 | | municipality to submit the question of creating a home equity | 2 | | program to
the electors of each precinct within
the territory | 3 | | at the regular election specified in the resolution,
ordinance | 4 | | or petition initiating the question. If the question is
| 5 | | initiated by petition and if the requisite number of signatures | 6 | | is not
obtained in any precinct included within the territory | 7 | | described in the
petition, then the petition shall be valid as | 8 | | to the territory encompassed by those
precincts for which the | 9 | | requisite number of signatures is obtained and any
such | 10 | | precinct for which the requisite number of signatures is not | 11 | | obtained
shall be excluded from the territory. A petition | 12 | | initiating a
question described in this Section shall be filed | 13 | | with the election
authority having jurisdiction over the | 14 | | municipality. The petition
shall be filed and objections | 15 | | thereto shall be made in the manner provided
in the general | 16 | | election law. A resolution, ordinance, or petition
initiating a | 17 | | question described in this Section shall specify the election
| 18 | | at which the question is to be submitted. The referendum on | 19 | | such question
shall be held in accordance with general election | 20 | | law. Such
question, and the resolution, ordinance, or petition | 21 | | initiating the
question, shall include a description of the | 22 | | territory, the name of the
proposed home equity program, and | 23 | | the maximum rate at which the home
equity program shall be able | 24 | | to levy a property tax. All
of that area within the geographic | 25 | | boundaries of the territory described in
such question shall be | 26 | | included in the program, and no area outside the
geographic |
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| 1 | | boundaries of the territory described in such question shall be
| 2 | | included in the program. If the election authority determines | 3 | | that the
description cannot be included within the space | 4 | | limitations of the ballot,
the election authority shall prepare | 5 | | large printed copies of a notice of
the question, which shall | 6 | | be prominently displayed in the polling place of
each precinct | 7 | | in which the question is to be submitted.
| 8 | | (b) Whenever a majority of the voters on such public | 9 | | question approve the
creation of a home equity program as | 10 | | certified by the proper election
authorities, the mayor of the | 11 | | municipality shall appoint, with the consent
of the corporate | 12 | | authorities, 9 individuals, to be known as commissioners,
to | 13 | | serve as the governing body of the home equity program. The | 14 | | mayor
shall choose 7 of the 9 individuals to be appointed to | 15 | | the governing
commission from nominees submitted by a community | 16 | | organization or community
organizations as defined in this Act. | 17 | | A community organization may
recommend up to 20 individuals to | 18 | | serve on a governing commission. Beginning after the effective | 19 | | date of this amendatory Act of the 100th General Assembly, a | 20 | | home equity commission shall consist of 7 commissioners; | 21 | | however, the 9 commissioners serving on a governing commission | 22 | | on the effective date of this amendatory Act of the 100th | 23 | | General Assembly shall be allowed to finish their current terms | 24 | | of service. Thereafter, the number of commissioners shall be | 25 | | reduced to 7.
| 26 | | No fewer than 5 commissioners serving at any one time shall |
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| 1 | | reside
within the territory of the program. Beginning after the | 2 | | effective date of this amendatory Act of the 100th General | 3 | | Assembly, and upon the number of commissioners being reduced to | 4 | | 7, no fewer than 4 commissioners serving at any one time shall | 5 | | reside within the territory of the program.
| 6 | | Upon the initial appointment of 7 commissioners to creation | 7 | | of a governing commission under the provisions of this | 8 | | amendatory Act of the 100th General Assembly , the terms of the | 9 | | initial
commissioners shall be as follows: one 3 shall serve
| 10 | | for one year, 3 shall serve for 2 years, and 3 shall serve for 3
| 11 | | years and until a successor is appointed and qualified. All
| 12 | | succeeding terms shall be for 3 years, or until a successor is | 13 | | appointed
or qualified.
Commissioners shall serve without | 14 | | compensation except for reimbursement for
reasonable expenses | 15 | | incurred in the performance of duties as a
commissioner. A | 16 | | vacancy in the office of a member of a commission shall be
| 17 | | filled in like manner as an original appointment.
| 18 | | All proceedings and meetings of the governing commission | 19 | | shall be
conducted in accordance with the provisions of the | 20 | | Open Meetings Act,
as now or hereafter amended.
| 21 | | (Source: P.A. 93-709, eff. 7-9-04.)
| 22 | | (65 ILCS 95/5) (from Ch. 24, par. 1605)
| 23 | | Sec. 5. Duties and Functions of Commission. The duties and | 24 | | functions
of the governing commission of a Home Equity Program | 25 | | shall include the following:
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| 1 | | (a) To conduct or supervise the day-to-day operation of the | 2 | | program,
including but not limited to the administration of | 3 | | homeowner applications
for participation in the program and | 4 | | homeowner claims against the guarantee fund.
| 5 | | (b) To establish policies, rules, regulations, bylaws, and | 6 | | procedures
for both the governing commission and the program. | 7 | | No policies, rules,
regulations, or bylaws shall be adopted by | 8 | | the governing commission
without prior notice to the residents | 9 | | of the territory of a program and an
opportunity for such | 10 | | residents to be heard.
| 11 | | (c) To provide annual status reports on the program to the | 12 | | mayor and
corporate authorities of the municipality.
| 13 | | (d) To establish guaranteed value standards which are | 14 | | directly linked to
the program appraisal, to approve guarantee | 15 | | values,
to establish requirements for program appraisers | 16 | | consistent with subsection
(p) of Section 3. In no event shall | 17 | | the program guidelines adopted by the governing
commission | 18 | | provide for selecting appraisers based on criteria other than
| 19 | | the quality and timeliness of the appraisals provided to the | 20 | | governing commission.
| 21 | | (e) To manage, administer, and invest the guarantee fund.
| 22 | | (f) To liquidate acquired assets to maintain the guarantee | 23 | | fund.
| 24 | | (g) To participate in arbitration required under the | 25 | | program and to
subpoena all necessary persons, parties, or | 26 | | documents required to proceed
with such arbitration.
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| 1 | | (h) To employ necessary personnel, acquire necessary | 2 | | office space, enter
into contractual relationships and | 3 | | disburse funds in accordance with the
provisions of this Act. A | 4 | | governing commission may employ full-time or part-time | 5 | | employees.
| 6 | | (i) To perform such other functions in connection with the | 7 | | program and
the guarantee fund as required under this Act.
| 8 | | (Source: P.A. 85-1044.)
| 9 | | (65 ILCS 95/21 new) | 10 | | Sec. 21. Tax Reimbursement Program. A governing | 11 | | commission, with no less than $4,000,000 unencumbered funds in | 12 | | its guarantee fund, may, if authorized by resolution of the | 13 | | governing commission upon approval by two-thirds of the | 14 | | commissioners, establish a Tax Reimbursement Program to make | 15 | | reimbursements to each applicable taxpayer for an amount of no | 16 | | more than the total of their pro rata share of the annual levy | 17 | | imposed by the commission. Prior to authorizing a reimbursement | 18 | | program, an independent licensed public accountant not | 19 | | connected with the commission or any entity conducting business | 20 | | with the commission shall audit the commission and the proposal | 21 | | for the program. The commission may create a program if the | 22 | | independent licensed public accountant determines that such a | 23 | | program will not reduce the balance of the guarantee fund to | 24 | | less than $3,000,000. For the purposes of this Section, | 25 | | "applicable taxpayer" means the owner of record that paid the |
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| 1 | | tax levied on property in accordance with Section 11 of this | 2 | | Act. | 3 | | Section 25. The Street Light District Act is amended by | 4 | | changing Section 11 as follows: | 5 | | (70 ILCS 3305/11) | 6 | | Sec. 11. Cessation of district organization. | 7 | | Notwithstanding any other provision of law, if a majority vote | 8 | | of the board of trustees is in favor of the proposition to | 9 | | annex the district to another district whose boundaries are | 10 | | contiguous, or consolidate the district into a municipality | 11 | | with which the district is coterminous or substantially | 12 | | coterminous, or consolidate the district into the county in | 13 | | which the district sits if the district contains territory | 14 | | within only one county, or consolidate the district into the | 15 | | township in which the district sits if the entire district is | 16 | | located within the district, and if the governing authorities | 17 | | of the governmental unit assuming the functions of the former | 18 | | district agree by resolution to accept the functions (and | 19 | | jurisdiction over the territory, if applicable) of the | 20 | | consolidated or annexed district, then the district shall | 21 | | cease. On the effective date of the annexation or | 22 | | consolidation, all the rights, powers, duties, assets, | 23 | | property, liabilities, indebtedness, obligations, bonding | 24 | | authority, taxing authority, and responsibilities of the |
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| 1 | | district shall vest in and be assumed by the governmental unit | 2 | | assuming the functions of the former district. | 3 | | The employees of the former district shall be transferred | 4 | | to the governmental unit assuming the functions of the former | 5 | | district. The governmental unit assuming the functions of the | 6 | | former district shall exercise the rights and responsibilities | 7 | | of the former district with respect to those employees. The | 8 | | status and rights of the employees of the former district under | 9 | | any applicable contracts or collective bargaining agreements, | 10 | | historical representation rights under the Illinois Public | 11 | | Labor Relations Act, or under any pension, retirement, or | 12 | | annuity plan shall not be affected by this amendatory Act.
| 13 | | (Source: P.A. 98-1002, eff. 8-18-14.) | 14 | | Section 30. The Illinois Highway Code is amended by | 15 | | changing Sections 6-130 and 6-133 and by adding Section 6-135 | 16 | | as follows:
| 17 | | (605 ILCS 5/6-130) (from Ch. 121, par. 6-130)
| 18 | | Sec. 6-130. Road district abolishment. Notwithstanding any | 19 | | other provision of this Act to the contrary,
no
township road | 20 | | district may continue in existence if the roads forming a
part | 21 | | of the district do not exceed a total of 4 miles in length as | 22 | | determined by the county engineer or county superintendent of | 23 | | highways . For purposes of this Section, the roads forming a | 24 | | part of a township road district include those roads maintained |
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| 1 | | by the district, regardless of whether or not those roads are | 2 | | owned by the township. On the
first Tuesday in April of 1975, | 3 | | or of any subsequent year next succeeding
the reduction of a | 4 | | township road system to a total mileage of 4 miles or
less, | 5 | | each such township road district shall, by operation of law, be
| 6 | | abolished. The roads comprising that district at that time | 7 | | shall thereafter
be administered by the township board of | 8 | | trustees by contracting with the
county, a municipality or a | 9 | | private contractor. The township board of trustees
shall assume | 10 | | all taxing authority of a township road district abolished | 11 | | under
this Section.
| 12 | | (Source: P.A. 94-884, eff. 6-20-06.)
| 13 | | (605 ILCS 5/6-133) | 14 | | Sec. 6-133. Abolishing a road district in Cook County. By | 15 | | resolution, the board of trustees of any township located in | 16 | | Cook County, Illinois, may submit a proposition to abolish the | 17 | | road district of that township to the electors of that township
| 18 | | at a general election or consolidated election in accordance | 19 | | with the general election law. The
ballot shall be in | 20 | | substantially the following form: | |
21 | | --------- | | |
22 | | Shall the Road District of the Township of | | | |
23 | | ........... be abolished with all the rights, | YES | | |
24 | | powers, duties, assets, property, liabilities, | |
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| 1 | | obligations, and responsibilities being assumed | --------- | | |
2 | | by the Township of ........... ? | NO | | |
3 | | --------- | |
| 4 | | In the event that a majority of the electors voting on such | 5 | | proposition are in favor thereof, then
the road district shall | 6 | | be abolished by operation of law effective on January 1 of the | 7 | | calendar
year immediately following the calendar year in which | 8 | | the proposition was approved by the
electors or on the date the | 9 | | term of the highway commissioner in office at the time the | 10 | | proposition was approved by the electors expires, whichever is | 11 | | later . | 12 | | On that date, all the rights, powers, duties, assets, | 13 | | property, liabilities, obligations, and
responsibilities of | 14 | | the road district shall by operation of law vest in and be | 15 | | assumed by the
township. On that date, the township board of | 16 | | trustees shall assume all taxing authority of a road district | 17 | | abolished under this Section. On that date, any highway | 18 | | commissioner of the abolished road district shall cease to
hold | 19 | | office, such term having been terminated. Thereafter, the | 20 | | township shall exercise all duties
and responsibilities of the | 21 | | highway commissioner as provided in the Illinois Highway Code. | 22 | | The
township board of trustees may enter into a contract with | 23 | | the county, a municipality, or a private
contractor to | 24 | | administer the roads under its jurisdiction. The township board | 25 | | of trustees shall
assume all taxing authority of a township |
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| 1 | | road district abolished under this subsection. For purposes
of | 2 | | distribution of revenue, the township shall assume the powers, | 3 | | duties, and obligations of the
road district.
| 4 | | (Source: P.A. 97-611, eff. 1-1-12.) | 5 | | (605 ILCS 5/6-135 new) | 6 | | Sec. 6-135. Abolishing a road district with less than 15 | 7 | | miles of roads. | 8 | | (a) Any township in a county with a population less than | 9 | | 3,000,000 may abolish a road district of that township if the | 10 | | roads of the road district are less than 15 miles in length, as | 11 | | determined by the county engineer or county superintendent of | 12 | | highways, by resolution of a majority of the board of trustees | 13 | | to submit a referendum to abolish the road district of that | 14 | | township. The referendum shall be submitted to the electors of | 15 | | that township at the next general election or consolidated | 16 | | election in accordance with the general election law. The | 17 | | ballot shall be in substantially the following form: | |
18 | | -------- | | |
19 | | Shall the Road District of the Township of | | | |
20 | | ........... be abolished with all the rights, | YES | | |
21 | | powers, duties, assets, property, liabilities, | |
22 | | obligations, and responsibilities being assumed | -------- | | |
23 | | by the Township of ........... ? | NO | | |
24 | | -------- | |
| 25 | | (b) If a majority of the electors voting on the referendum |
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| 1 | | under subsection (a) of this Section are in favor of abolishing | 2 | | the township road district, then the road district is abolished | 3 | | on the January 1 following the approval of the referendum or on | 4 | | the date the term of the highway commissioner in office at the | 5 | | time the referendum was approved expires, whichever is later. | 6 | | On the date of abolishment: all the rights, powers, duties, | 7 | | assets, property, liabilities, obligations, and | 8 | | responsibilities of the road district shall by operation of law | 9 | | vest in and be assumed by the township; the township board of | 10 | | trustees shall assume all taxing authority of a road district | 11 | | abolished under this Section; any highway commissioner of the | 12 | | abolished road district shall cease to hold office; the | 13 | | township shall exercise all duties and responsibilities of the | 14 | | highway commissioner as provided in the Illinois Highway Code; | 15 | | and for purposes of distribution of revenue, the township shall | 16 | | assume the powers, duties, and obligations of the road | 17 | | district. The township board of trustees may enter into a | 18 | | contract with the county, a municipality, or a private | 19 | | contractor to administer the roads added to its jurisdiction | 20 | | under this Section. | 21 | | Section 99. Effective date. This Act takes effect January | 22 | | 1, 2018. |
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