Bill Text: IL HB5644 | 2013-2014 | 98th General Assembly | Amended
Bill Title: Amends the Township Code. Provides that the electors of a township with fewer than 15 miles of road under the jurisdiction of the township highway commissioner may elect to abolish the position of township highway commissioner and transfer to the township board all of its functions and responsibilities. Allows the question of whether to abolish the position of township highway commissioner to be submitted to the electors by a majority vote of the township board, by a majority of electors at the annual meeting, or by a petition signed by registered voters residing within the township.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2014-12-03 - Session Sine Die [HB5644 Detail]
Download: Illinois-2013-HB5644-Amended.html
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1 | AMENDMENT TO HOUSE BILL 5644
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2 | AMENDMENT NO. ______. Amend House Bill 5644 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Township Code is amended by changing | ||||||
5 | Sections 80-85 new, 235-5 and 235-10 as follows:
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6 | (60 ILCS 1/80-85 new) | ||||||
7 | Sec. 80-85. Highway consolidation. | ||||||
8 | (a) The electors of a township in a county with a | ||||||
9 | population of at least 300,000 but fewer than 2,000,000, | ||||||
10 | according to the most recent federal decennial census, may | ||||||
11 | abolish the position of township highway commissioner and | ||||||
12 | transfer all of the commissioner's functions and | ||||||
13 | responsibilities to the township board if the township has | ||||||
14 | fewer than 15 miles of road under the jurisdiction of the | ||||||
15 | highway commissioner. The question to abolish the position of | ||||||
16 | township highway commissioner and transfer its functions and |
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1 | responsibilities to the township board shall be submitted to | ||||||
2 | the electors in one of the following ways: | ||||||
3 | (i) by a majority vote of the township board; | ||||||
4 | (ii) by a majority vote of the electors at the annual | ||||||
5 | meeting; or | ||||||
6 | (iii) by a petition containing 500 signatures of | ||||||
7 | registered voters residing within the township. | ||||||
8 | (b) After the question to abolish the position of highway | ||||||
9 | commissioner is approved under subsection (a) and the township | ||||||
10 | board has submitted the question to the township clerk, the | ||||||
11 | township clerk shall certify the question to the local election | ||||||
12 | official, who shall submit the question to the voters of the | ||||||
13 | township at the next regular election following the approval of | ||||||
14 | the question. The question submitted to the electors at the | ||||||
15 | election shall be in substantially the following form: | ||||||
16 | Shall the position of Highway Commissioner of (name of | ||||||
17 | township) be abolished and all of its functions and | ||||||
18 | responsibilities assumed by the Township Board of (name of | ||||||
19 | township)? | ||||||
20 | The votes shall be recorded as "Yes" or "No". | ||||||
21 | If the majority of electors voting on the question vote in | ||||||
22 | favor of the question, then the position of township highway | ||||||
23 | commissioner shall be abolished at the end of the term of the | ||||||
24 | highway commissioner in office on the date of the certification | ||||||
25 | of the results of the vote and all of the rights, powers, | ||||||
26 | duties, assets, property, liabilities, indebtedness, |
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1 | obligations, bonding authority, taxing authority, and | ||||||
2 | responsibilities of the highway commissioner shall vest in and | ||||||
3 | be assumed by the township board.
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4 | (60 ILCS 1/235-5)
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5 | Sec. 235-5. Township taxes for various purposes. The | ||||||
6 | township board may
raise money, by taxation not exceeding the | ||||||
7 | rates established in Section 235-10,
for the following | ||||||
8 | purposes:
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9 | (1) Prosecuting or defending suits by or against the | ||||||
10 | township or in which
the township is interested.
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11 | (2) Maintaining cemeteries under the control, | ||||||
12 | management, and ownership of
the township and controlling, | ||||||
13 | managing, and maintaining public cemeteries
not operated | ||||||
14 | for profit, notwithstanding the provisions of Section 1c of | ||||||
15 | the
Public Graveyards Act.
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16 | (3) Maintaining and operating a public nonsectarian | ||||||
17 | hospital under Article
175. This authorization does not | ||||||
18 | apply to any township that avails itself of
the provisions | ||||||
19 | of Article 170.
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20 | (4) Maintaining and operating a township committee on | ||||||
21 | youth under Section
215-5.
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22 | (5) Providing mental health services under Section | ||||||
23 | 190-10.
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24 | (6) Providing services in cooperation with another | ||||||
25 | governmental entity,
not-for-profit corporation, or |
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1 | nonprofit community service association under
Section | ||||||
2 | 85-13.
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3 | (7) Maintaining and operating a township committee for | ||||||
4 | senior citizens'
services under Section 220-10.
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5 | (8) Maintaining and operating a township health | ||||||
6 | service that may provide,
but is not required to provide or | ||||||
7 | limited to providing, examination, diagnosis,
testing, and | ||||||
8 | inoculation and all necessary and appurtenant personnel,
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9 | equipment, and insurance.
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10 | (9) Accumulating moneys in a dedicated fund for a | ||||||
11 | specific capital
construction
or maintenance project or a | ||||||
12 | major equipment purchase. The annual budget and
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13 | appropriation ordinance for the township shall state the | ||||||
14 | amount, purpose, and
duration of any accumulation of funds | ||||||
15 | authorized under this Section, with
specific reference to | ||||||
16 | each project to be constructed or equipment to be
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17 | purchased. Nothing in this item precludes a township from | ||||||
18 | accumulating moneys
as provided in Section 6-501 of the | ||||||
19 | Illinois Highway Code.
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20 | (10) Executing the rights, powers, duties, and | ||||||
21 | responsibilities, or satisfying the liabilities or | ||||||
22 | obligations, assumed from a road district abolished under | ||||||
23 | the provisions of Section 6-133 of the Illinois Highway | ||||||
24 | Code. | ||||||
25 | (10.5) Executing the rights, powers, duties, and | ||||||
26 | responsibilities, or satisfying the liabilities, |
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1 | indebtedness, or obligations, assumed from a township | ||||||
2 | highway commissioner under Section 80-85 of this Code. | ||||||
3 | (11) Any other purpose authorized by law.
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4 | (Source: P.A. 97-611, eff. 1-1-12.)
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5 | (60 ILCS 1/235-10)
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6 | Sec. 235-10. Rate of tax; referendum to increase maximum | ||||||
7 | rate.
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8 | (a) In townships having an equalized assessed valuation of | ||||||
9 | $36,000,000 or
more, taxes authorized by subsection (a) may be | ||||||
10 | extended at a rate not
exceeding 0.25% of value, as equalized | ||||||
11 | or assessed by the Department of
Revenue, of all taxable | ||||||
12 | property in the township.
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13 | (b) In townships having an equalized assessed valuation of | ||||||
14 | $30,000,000 but
less than $36,000,000, taxes authorized by | ||||||
15 | subsection (a) may be extended at a
rate calculated to yield | ||||||
16 | tax revenues not exceeding $90,000.
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17 | (c) In townships having an equalized assessed valuation of | ||||||
18 | $15,000,000 but
less than $30,000,000, taxes authorized by | ||||||
19 | subsection (a) may be extended at
a rate not exceeding the rate | ||||||
20 | computed by subtracting 0.01% of value for
each $1,000,000 or | ||||||
21 | major fraction thereof in excess of $15,000,000 but less
than | ||||||
22 | $30,000,000 of equalized assessed valuation from the rate of | ||||||
23 | 0.45% of
value.
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24 | (d) In townships having an equalized assessed valuation of | ||||||
25 | less than
$15,000,000, taxes may be extended at a rate not |
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1 | exceeding 0.45% of value,
as equalized or assessed by the | ||||||
2 | Department of Revenue, of all taxable property
in the township.
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3 | (e)(1) In townships having an equalized assessed valuation | ||||||
4 | of less than
$10,000,000, taxes may be extended at a rate of | ||||||
5 | not more than 0.45% of value,
or not more than 0.65% of value | ||||||
6 | if approved by voters in the township in a
referendum on the | ||||||
7 | limit increase, as equalized or assessed by the
Department of | ||||||
8 | Revenue, of all taxable property in the township.
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9 | (2) On the petition of at least 10% of the registered | ||||||
10 | voters residing in
the township to the township clerk, the | ||||||
11 | clerk shall order a referendum on the
proposition to increase | ||||||
12 | the extension limitation as provided in the petition.
The | ||||||
13 | township clerk shall certify the proposition to the proper | ||||||
14 | election
officials, who shall submit the proposition to the | ||||||
15 | township voters at the
next election in accordance with the | ||||||
16 | general election law. The proposition
shall be in substantially | ||||||
17 | the following form:
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18 | Shall the present maximum tax extension limit of | ||||||
19 | (insert present
maximum tax extension limit) of the value, | ||||||
20 | as equalized or assessed by the
Department of Revenue, of | ||||||
21 | the taxable real property in (name of township) be
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22 | increased to a maximum tax extension limit of (insert | ||||||
23 | proposed maximum tax
extension limit) of the value, as | ||||||
24 | equalized or assessed by the Department of
Revenue, of the | ||||||
25 | taxable real property in (name of township)?
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26 | The votes shall be recorded as "Yes" or "No".
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1 | (3) If a majority of all ballots cast on the proposition is | ||||||
2 | in favor
of the increase, the county clerk shall certify the | ||||||
3 | results of the election to
the township clerk.
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4 | (f) Any township having exceeded an equalized assessed | ||||||
5 | valuation of
$15,000,000 before September 17, 1983, may tax at | ||||||
6 | the rate authorized to be
extended under this Section if | ||||||
7 | approved by the township voters at the annual
township meeting. | ||||||
8 | If approval is not obtained, the tax may not be extended at a
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9 | rate of more than 0.25% of the value, as equalized and assessed | ||||||
10 | by the
Department of Revenue, of all taxable property in the | ||||||
11 | township. | ||||||
12 | (g) Any township having assumed the rights, powers, duties, | ||||||
13 | assets, property, liabilities, obligations, and
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14 | responsibilities of a road district abolished under the | ||||||
15 | provisions of Section 6-133 of the Illinois Highway Code may | ||||||
16 | tax at a rate determined by adding the rate authorized to be | ||||||
17 | extended under this Section to the last rate authorized to be | ||||||
18 | extended for road purposes under Section 6-501 of the Illinois | ||||||
19 | Highway Code.
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20 | (h) Any township having assumed the rights, powers, duties, | ||||||
21 | assets, property, liabilities, indebtedness, obligations, | ||||||
22 | bonding authority, taxing authority, and responsibilities of a | ||||||
23 | township highway commissioner under Section 80-85 of this Code | ||||||
24 | may tax at a rate determined by adding the rate authorized to | ||||||
25 | be extended under this Section to the last rate authorized to | ||||||
26 | be extended for road purposes under Section 6-501 of the |
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1 | Illinois Highway Code. | ||||||
2 | (Source: P.A. 97-611, eff. 1-1-12.)".
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