Illinois 99th Regular Session Status: Passed Senate

SB 388 — TWP CD-COMMISSION FORM OF GOVT

Last action — Session Sine Die

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 99th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the Illinois Municipal Code. Makes a technical change in a Section concerning definitions.

Bill Text

What changed in the latest version

728 added · 86 removed

Plain-language change summary

The recent amendment to Bill SB 388 introduces new provisions for voters in townships that are undergoing consolidation or merging. It ensures that in the elections following a successful referendum to consolidate or dissolve townships, all registered voters from the affected townships will have the right to participate in voting and running for office in the new or receiving township. This is significant because it expands electoral rights and ensures that all affected residents have a say in their local governance, promoting inclusivity in local elections.

→
Previous
Latest
*LRB09903126AWJ23134b* SB0388 99TH GENERAL ASSEMBLY State of Illinois and 2016 SB0388 Introduced 1/28/2015, by Sen.
SB0388 Engrossed LRB099 03126 AWJ 23134 b AN ACT concerning local government.
John J.
Cullerton SYNOPSIS AS INTRODUCED:
ILCS 5/1-1-2 from Ch.
24, par.
1-1-2 Section concerning definitions.l Code.
Makes a technical change in a LRB099 03126 AWJ 23134 b A BILL FOR SB0388 LRB099 03126 AWJ 23134 b AN ACT concerning local government.
The Illinois Municipal Code is amended by changing Section 1-1-2 as follows:
The Election Code is amended by adding Section 3-7 and by changing Section 28-1 as follows:
(65 ILCS 5/1-1-2) (from Ch.
(10 ILCS 5/3-7 new) Sec.
24, par.
3-7.
1-1-2) Sec.
Voters in consolidating and merging townships.
1-1-2.
(a) In the consolidated election where township trustees are elected next following the certification of a successful referendum to consolidate townships under Article 22 of the Township Code, the qualified electors entitled to caucus, vote for, be nominated for, and run for offices in the consolidated township that is to be formed are those registered voters residing in any of the townships identified in the referendum as they exist prior to consolidation.
(b) In the consolidated election where township trustees are elected next following the certification of a successful referendum to dissolve a township and merge its territory into 2 adjacent townships under Article 23 of the Township Code, the qualified electors entitled to caucus, vote for, be nominated for, and run for offices in a receiving township shall also include those registered voters residing in the territory of the dissolving township described in the resolutions adopted SB0388 Engrossed - 2 - LRB099 03126 AWJ 23134 b under Section 23-10 of the Township Code as the territory to be merged with the receiving township.
For purposes of this subsection (b) only, "dissolving township" and "receiving township" have the meaning provided in Section 23-5 of the Township Code.
(10 ILCS 5/28-1) (from Ch.
46, par.
28-1) Sec.
28-1.
The initiation and submission of all public questions to be voted upon by the electors of the State or of any political subdivision or district or precinct or combination of precincts shall be subject to the provisions of this Article.
Questions of public policy which have any legal effect shall be submitted to referendum only as authorized by a statute which so provides or by the Constitution.
Advisory questions of public policy shall be submitted to referendum pursuant to Section 28-5 or pursuant to a statute which so provides.
The method of initiating the submission of a public question shall be as provided by the statute authorizing such public question, or as provided by the Constitution.
All public questions shall be initiated, submitted and printed on the ballot in the form required by Section 16-7 of this Act, except as may otherwise be specified in the statute authorizing a public question.
Whenever a statute provides for the initiation of a public SB0388 Engrossed - 3 - LRB099 03126 AWJ 23134 b question by a petition of electors, the provisions of such statute shall govern with respect to the number of signatures required, the qualifications of persons entitled to sign the petition, the contents of the petition, the officer with whom the petition must be filed, and the form of the question to be submitted.
If such statute does not specify any of the foregoing petition requirements, the corresponding petition requirements of Section 28-6 shall govern such petition.
Irrespective of the method of initiation, not more than 3 public questions other than (a) back door referenda, (b) referenda to determine whether a disconnection may take place where a city coterminous with a township is proposing to annex territory from an adjacent township, (c) referenda held under the provisions of the Property Tax Extension Limitation Law in the Property Tax Code, or (d) referenda held under Section 2-3002 of the Counties Code, or (e) referenda held under Article 22, 23 or 29 of the Township Code may be submitted to referendum with respect to a political subdivision at the same election.
If more than 3 propositions are timely initiated or certified for submission at an election with respect to a political subdivision, the first 3 validly initiated, by the filing of a petition or by the adoption of a resolution or ordinance of a political subdivision, as the case may be, shall be printed on the ballot and submitted at that election.
However, except as expressly authorized by law not more than SB0388 Engrossed - 4 - LRB099 03126 AWJ 23134 b one proposition to change the form of government of a municipality pursuant to Article VII of the Constitution may be submitted at an election.
If more than one such proposition is timely initiated or certified for submission at an election with respect to a municipality, the first validly initiated shall be the one printed on the ballot and submitted at that election.
No public question shall be submitted to the voters of a political subdivision at any regularly scheduled election at which such voters are not scheduled to cast votes for any candidates for nomination for, election to or retention in public office, except that if, in any existing or proposed political subdivision in which the submission of a public question at a regularly scheduled election is desired, the voters of only a portion of such existing or proposed political subdivision are not scheduled to cast votes for nomination for, election to or retention in public office at such election, but the voters in one or more other portions of such existing or proposed political subdivision are scheduled to cast votes for nomination for, election to or retention in public office at such election, the public question shall be voted upon by all the qualified voters of the entire existing or proposed political subdivision at the election.
Not more than 3 advisory public questions may be submitted to the voters of the entire state at a general election.
If more than 3 such advisory propositions are initiated, the first SB0388 Engrossed - 5 - LRB099 03126 AWJ 23134 b 3 timely and validly initiated shall be the questions printed on the ballot and submitted at that election;
provided however, that a question for a proposed amendment to Article IV of the Constitution pursuant to Section 3, Article XIV of the Constitution, or for a question submitted under the Property Tax Cap Referendum Law, shall not be included in the foregoing limitation.
(Source:
P.A.
93-308, eff.
7-23-03.) Section 10.
The Counties Code is amended by changing the heading of Division 2-4 and by changing Section 2-4006 as follows:
(55 ILCS 5/Div.
2-4 heading) Division 2-4.
Show all 277 changed rows (237 more)
Previous
Latest
Counties not under Township Organization Organized as a Commission Form of Government (55 ILCS 5/2-4006) Sec.
2-4006.
Terms of commissioners.
(a) In every county not under township organization that is organized as a commission form of government having 3 commissioners elected at large as described in subsection (b) or (c), the commissioners shall be elected as provided in this Section.
SB0388 Engrossed - 6 - LRB099 03126 AWJ 23134 b (b) In a county in which one commissioner was elected at the general election in 1992 to serve for a term of 4 years and in which 2 commissioners will be elected at the general election in 1994, the commissioner elected in 1994 and receiving the greatest number of votes shall serve for a term of 6 years.
The other commissioner elected in 1994 shall serve for a term of 4 years.
At the general election in 1996 and at each general election thereafter, one commissioner shall be elected to serve for a term of 6 years.
(c) In a county in which 2 commissioners were elected at the general election in 1992 to serve for terms of 4 years and in which one commissioner will be elected at the general election in 1994, the commissioner elected in 1994 shall serve for a term of 4 years.
The commissioner elected in 1996 and receiving the greatest number of votes shall serve for a term of 6 years.
The other commissioner elected in 1996 shall serve for a term of 4 years.
At the general election in 1998 and at each general election thereafter, one commissioner shall be elected to serve for a term of 6 years.
(c-5) In Calhoun County, Edwards County, and Union County, the registered voters of the county may, upon referendum initiated by (i) the adoption of a resolution of the board of county commissioners or (ii) a petition signed by not less than 10% of the registered voters in the county, determine that the board of county commissioners shall consist of 5 commissioners elected at large.
The commissioners must certify the question SB0388 Engrossed - 7 - LRB099 03126 AWJ 23134 b to the proper election authority, which must submit the question at an election in accordance with the general election law.
The question shall be submitted in substantially the following form:
"Shall the board of county commissioners of (county) consist of 5 commissioners elected at large?" Votes must be recorded as "Yes" or "No".
If a majority of the electors voting on the question vote in the affirmative, then a 5-member board of county commissioners shall be established beginning with the next general election.
The County Clerk, in consultation with the State's Attorney for the county, shall develop and present to the board of county commissioners, to implement by the adoption of a resolution, the transition of terms for the current 3-member board of commissioners and the addition of 2 commissioners for 6-year terms.
Thereafter, commissioners shall be elected at each general election to fill expired terms.
(d) The provisions of this Section do not apply to commissioners elected under Section 2-4006.5 of this Code.
(Source:
P.A.
96-175, eff.
8-10-09.) Section 15.
The Township Code is amended by adding Articles 22, 23, and 29, and by changing Sections 25-15, 25-25 and 65-20 as follows:
SB0388 Engrossed - 8 - LRB099 03126 AWJ 23134 b (60 ILCS 1/Art.
22 heading new) ARTICLE 22.
CONSOLIDATION OF MULTIPLE TOWNSHIPS (60 ILCS 1/22-5 new) Sec.
22-5.
Resolution for consolidation;
notice.
(a) Notwithstanding any other provision of law to the contrary, the township boards of any 2 or more adjacent townships may, by identical resolutions of each board, propose consolidation by referendum:
(i) into a new township;
or (ii) into an existing township.
Each resolution shall include, but is not limited to, the following:
(1) the name of the proposed new consolidated township or the name of the existing township into which all townships will be consolidated;
(2) a description of how each road district or road districts of a dissolving township shall comply with subsection (c) of Section 22-20 if a township will be consolidating into an existing township;
(3) the names of all townships that will be consolidating and a description of the area of consolidation;
and (4) the date of the general election at which the referendum shall be held.
All resolutions shall be passed not less than 79 days before the general election stated in the resolutions.
For SB0388 Engrossed - 9 - LRB099 03126 AWJ 23134 b purposes of this Section, 3 or more townships are adjacent when each township shares a boundary with at least one of the other townships which are to be consolidated.
(b) Before passing a resolution under subsection (a), each township board shall hold a public hearing on those matters after notice of the hearing has been published in a newspaper having a general circulation in the townships affected.
The notice shall be published at least 30 days before the date of the hearing.
The notice shall contain, at a minimum, the name of all townships that will be consolidating and a description of the area of consolidation.
(60 ILCS 1/22-10 new) Sec.
22-10.
Referendum.
(a) Upon the adoption of resolutions under Section 22-5 by each township, the township boards shall certify the question to the election authority and the authority shall cause to be submitted to the voters of each township at the general election specified in the resolutions a referendum to consolidate the townships.
The referendum shall be substantially in the following form:
Shall (names of townships) be consolidated into [a new township called (name of proposed consolidated township)/the township of (name of existing township)]? The votes shall be recorded as "Yes" or "No".
The referendum is approved when a majority of the voters, in each SB0388 Engrossed - 10 - LRB099 03126 AWJ 23134 b of the affected townships, approve the referendum.
(b) Before a referendum appears on the ballot under subsection (a), each township board shall publish a copy of the adopted resolution in a newspaper having a general circulation in each of the townships affected.
The notice shall be published at least 30 days before the date of the general election in which the referendum will appear.
Each township board shall additionally mail a copy of the adopted resolution, along with a copy of the referendum language and a list of all taxes levied for general township purposes in the affected townships, to every registered voter in each township affected.
The notice shall be mailed at least 30 days before the date of the general election in which the referendum will appear.
(c) Notwithstanding any provision of law to the contrary, no tax rate may be extended for any fund of the consolidated district for the first levy year of the consolidated district that exceeds any statutory maximum set forth for that fund, unless the referendum also conforms to the requirements of the Property Tax Extension Limitation Law or other statutory provision setting forth that limitation.
(60 ILCS 1/22-15 new) Sec.
22-15.
Transition.
Notwithstanding any other provision of law to the contrary, upon the approval of a referendum under Section 22-10:
SB0388 Engrossed - 11 - LRB099 03126 AWJ 23134 b (a) There shall be no further nominations or elections for clerks, assessors, collectors, highway commissioners, supervisors, or trustees of any of the separate townships or highway commissions, and the terms of all such officers currently serving shall continue until the third Monday of May of the year in which township officials are elected next following the approval of a referendum under Section 22-10.
(b) A Transition Township Board is formed and is composed of the members of the separate townships boards.
The Transition Township Board shall have only the following powers:
(1) to propose and approve the compensation of all officials of the consolidated township that will be elected at the consolidated election next following the passage of the referendum under Section 22-10;
and (2) to propose and approve additional debt to be taken on by any of the separate townships.
(c) The Transition Township Board shall hold a public hearing no later than the last Tuesday in December before the consolidated township board of trustees are elected next following the approval of a referendum under Section 22-10.
If the Board cannot agree on the compensation for an official by the first Tuesday in April before the consolidated election of township officials next following the approval of a referendum under Section 22-10, then the compensation for that official shall be equal to the lowest compensation for the same office between the separate townships in the previous calendar year.
(d) The separate townships shall not incur any additional SB0388 Engrossed - 12 - LRB099 03126 AWJ 23134 b debt without the approval of the Transition Township Board.
For purposes of this Section, "debt" shall have the meaning ascribed to that term in Section 23-5.
(e) Section 3-7 of the Election Code shall govern those individuals entitled to caucus, vote for, be nominated for, and run for offices for the consolidated township at the consolidated election of township officials next following the approval of a referendum under Section 22-10.
(60 ILCS 1/22-20 new) Sec.
22-20.
Consolidated township.
(a) On the third Monday of May of the year in which township officials are elected following the approval of a referendum under Section 22-10, the following shall occur:
(1) the separate townships cease and the consolidated township is created;
(2) all rights, powers, duties, assets, and property, together with all personnel, contractual obligations, other obligations, responsibilities, and liabilities of the separate townships are transferred to the consolidated township;
those rights include, but are not limited to, the authority to continue to collect, receive, and expend the proceeds of any tax levied by any of the separate townships prior to the creation of the consolidated township without an additional ordinance, resolution, or referendum;
the proceeds of any tax levied by any of the separate townships SB0388 Engrossed - 13 - LRB099 03126 AWJ 23134 b prior to the creation of the consolidated township shall be expended or disposed of by the consolidated township in the same manner as such assessments might have been expended or disposed of by the separate townships;
however, if the consolidated township board determines that there is a surplus in the fund for general township purposes on December 31 of the calendar year in which the consolidation occurs, then any portion of the surplus that is solely attributable to the consolidation shall be refunded to the owners of record of taxable property within the consolidated district on a pro rata basis;
and (3) road districts located within the separate townships are abolished.
(b) When a new township is created, a new road district encompassing the consolidated township is created.
All the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of the separate road districts shall vest in and be assumed by the new road district as provided for in the resolutions adopted under Section 22-5.
The new township board of trustees shall exercise the taxing authority of a road district abolished under this Section.
The highway commissioners of the abolished road districts shall cease to hold office on the date the road district is abolished.
The new township board shall exercise all duties and responsibilities of the highway commissioner as provided in the Illinois Highway Code.
For purposes of distribution of revenue, SB0388 Engrossed - 14 - LRB099 03126 AWJ 23134 b the new township shall assume the powers, duties, and obligations of the road district of the dissolving road district.
The new township board may enter into a contract with the county, a municipality, or a private contractor to administer the roads under the new road district.
(c) When a township consolidates into an existing township, all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of the abolished road districts shall vest in and be assumed by the existing township's road district as provided for in the resolutions adopted under Section 22-5.
The consolidated township board of trustees shall exercise the taxing authority of a road district abolished under this Section.
Highway commissioners of the abolished road districts shall cease to hold office on the date the road district is abolished.
The consolidated township shall exercise all duties and responsibilities of the highway commissioner as provided in the Illinois Highway Code.
For purposes of distribution of revenue, the existing township's road district or districts shall assume the powers, duties, and obligations of the road district of the dissolving road district.
(60 ILCS 1/Art.
23 heading new) ARTICLE 23.
MERGER OF A SINGLE TOWNSHIP INTO TWO OTHER TOWNSHIPS SB0388 Engrossed - 15 - LRB099 03126 AWJ 23134 b (60 ILCS 1/23-5 new) Sec.
23-5.
In this Code:
As used in this Article:
(1) "Municipal" or "municipality" means a city, village, or incorporated town in the the State of Illinois, but, unless the context otherwise provides, "municipal" or "municipality" does not include a township, town when used as the equivalent of a township, incorporated town that has superseded a civil township, county, school district, park district, sanitary district, or any other similar governmental district.
"Dissolving road district" means a road district in a dissolving township, which is dissolved under subsection (c) of Section 23-25.
If "municipal" or "municipality" is given a different definition in any particular Division or Section of this Act, that definition shall control in that division or Section only.
"Dissolving township" means a township which is proposed to be dissolved into and be merged with 2 other adjacent townships.
(2) "Corporate authorities" means (a) the mayor and aldermen or similar body when the reference is to cities, (b) the president and trustees or similar body when the reference is to villages or incorporated towns, and (c) the council when the reference is to municipalities under the commission form of municipal government.
"Equalized assessed value" has the meaning provided in Section 18-213 of the Property Tax Code.
SB0388 - 2 - LRB099 03126 AWJ 23134 b (3) "Electors" means persons qualified to vote for elective officers at municipal elections.
"Debt" means indebtedness incurred by a dissolving township including, but not limited to, mortgages, judgments, and moneys due through the issuance and sale of bonds, or through an equivalent manner of borrowing for which notes or other evidences of indebtedness are issued fixing the amount of principal and interest from time to time payable to retire the indebtedness.
(4) "Person" means any individual, partnership, corporation, joint stock association, or the State of Illinois or any subdivision of the State;
"Receiving township" means a township into which a portion of the dissolving township will be merged.
and includes any trustee, receiver, assignee, or personal representative of any of those entities.
(60 ILCS 1/23-10 new) Sec.
(5) Except as otherwise provided by ordinance, "fiscal year" in all municipalities with fewer than 500,000 inhabitants, and "municipal year" in all municipalities, means the period elapsing (a) between general municipal elections in succeeding calendar years, or (b) if general municipal elections are held biennially, then between a general municipal election and the same day of the same month of the following calendar year, and between that day and the next succeeding general municipal election, or (c) if general municipal elections are held quadrennially, then between a general municipal election and the same day of the same month of the following calendar year, and between that day and the same day of the same month of the next following calendar year, and between the last mentioned day and the same day of the same month of the next following calendar year, and between the last mentioned day and the next succeeding general municipal election.
23-10.
The fiscal year of each municipality with 500,000 or more inhabitants shall commence on January 1.
Resolution for merger;
(6) Where reference is made to a county within which a SB0388 - 3 - LRB099 03126 AWJ 23134 b municipality, district, area, or territory is situated, the reference is to the county within which is situated the major part of the area of that municipality, district, area, or territory, in case the municipality, district, area, or territory is situated in 2 or more counties.
notice.
(7) Where reference is made for any purpose to any other Act, either specifically or generally, the reference shall be to that Act and to all amendments to that Act now in force or that may be hereafter enacted.
(a) Notwithstanding any other provision of law to the contrary, the township boards of any 3 adjacent townships may, by identical resolutions of each board, propose that a township which borders the other 2 townships be dissolved by referendum SB0388 Engrossed - 16 - LRB099 03126 AWJ 23134 b and all rights, powers, duties, assets, and property, together with all personnel, contractual obligations, other obligations, responsibilities, and liabilities of the dissolving township transferred to the receiving townships.
(8) Wherever the words "city council", "aldermen", "commissioners", or "mayor" occur, the provisions containing these words shall apply to the board of trustees, trustees, and president, respectively, of villages and incorporated towns and councilmen in cities, so far as those provisions are applicable to them.
Each resolution shall include, but is not limited to, the following:
(9) The terms "special charter" and "special Act" are synonymous.
(1) a legal description of the former territory of the dissolving township each receiving township will take upon the dissolution of the dissolving township;
(10) "General municipal election" means the biennial regularly scheduled election for the election of officers of cities, villages, and incorporated towns, as prescribed by the general election law;
(2) a description of how all assets and property, together with all personnel, contractual obligations, other obligations, responsibilities, and liabilities of the dissolving township will be transferred to the receiving townships;
in the case of municipalities that elect officers annually, "general municipal election" means each regularly scheduled election for the election of officers of cities, villages, and incorporated towns.
(3) the tax rates for general township purposes for the immediately preceding levy year, as extended and collected in the year in which the resolution is adopted, for the dissolving township and each receiving township;
(4) a description and amount of all debt each receiving township shall assume after the dissolving township dissolves.
The debt shall be assumed by each receiving township in equal proportion to the equalized assessed value of the land and property that will be received by each receiving township from the dissolving township unless otherwise agreed to in the resolutions;
(5) a description of how each road district or road SB0388 Engrossed - 17 - LRB099 03126 AWJ 23134 b districts of a dissolving township shall comply with subsection (c) of Section 23-25;
and (6) the date of the general election at which the referendum shall be held.
All resolutions shall be passed not less than 79 days before the general election stated in the resolutions.
(b) Before passing a resolution under this Section, each township board shall hold a public hearing on those matters after notice of the hearing has been published in a newspaper having a general circulation in the townships affected.
The notice shall be published at least 30 days before the date of the hearing.
The notice shall contain, at a minimum, the name of the dissolving township and receiving townships and a description of the area each receiving township will receive from the dissolving township.
(60 ILCS 1/23-15 new) Sec.
23-15.
Referendum and notices.
(a) Upon the adoption of resolutions under Section 23-10 by all townships, the township boards shall certify the question to the election authority and the authority shall cause to be submitted to the voters of all townships at the general election specified in the resolutions a referendum to consolidate the townships.
The referendum shall be substantially in the following form:
Shall (name of dissolving township) be dissolved into SB0388 Engrossed - 18 - LRB099 03126 AWJ 23134 b (names of receiving townships)? The votes shall be recorded as "Yes" or "No".
The referendum is approved when a majority of the voters, in each of the affected townships, approve the referendum.
(b) Before a referendum appears on the ballot under subsection (a), the township boards shall publish a copy of the adopted resolution in a newspaper having a general circulation in each of the townships affected.
The notice shall be published at least 30 days before the date of the general election.
Each township board shall additionally mail a copy of the adopted resolution, along with a copy of the referendum language and a list of all taxes levied for general township purposes in the affected townships, to every registered voter in each township affected.
The notice shall be mailed at least 30 days before the date of the general election in which the referendum will appear.
(60 ILCS 1/23-20 new) Sec.
23-20.
Transition.
(a) Notwithstanding any other provision of law to the contrary, upon the approval of a referendum under Section 23-15:
(1) there shall be no further nominations or elections for clerks, assessors, collectors, highway commissioners, supervisors, or trustees of the dissolving township or SB0388 Engrossed - 19 - LRB099 03126 AWJ 23134 b highway commissions and the terms of all such officers currently serving shall continue until the third Monday of May of the year in which township officials are elected following the approval of a referendum under Section 23-15;
(2) a Transition Township Board is formed for each receiving township.
Each Transition Township Board shall be composed of the members of the dissolving township boards plus the members of the receiving township board.
The Transition Township Board shall only have authority to do the following under paragraphs (3) and (4) of this Section:
provide for the compensation for all receiving township officials that will be elected at the consolidated election next following the approval of a referendum under Section 23-15;
and approving additional debt to be taken on by the dissolving township;
(3) each Transition Township Board shall hold a public meeting no later than the first Tuesday in April before the receiving townships' boards of trustees are elected at the consolidated election next following the approval of a referendum under Section 23-15.
At this public meeting, the Transition Township Board shall provide for the compensation for all township officials that will be elected at the consolidated election.
If the Board cannot agree on the compensation for an official, then the compensation for the same office between the receiving and dissolving townships shall be the lower compensation for SB0388 Engrossed - 20 - LRB099 03126 AWJ 23134 b the office in the dissolving township or receiving township;
(4) the dissolving township shall not incur any additional debt without the approval of the Transition Township Board of each receiving township that would assume such debt after dissolution of the dissolving township;
and (5) Section 3-7 of the Election Code shall govern those individuals entitled to caucus, vote for, be nominated for, and run for offices for the receiving townships at the consolidated election of township officials next following the approval of a referendum under Section 23-15.
(b) Upon the approval of a referendum under Section 23-15, the receiving townships may enter into an intergovernmental agreement under the Intergovernmental Cooperation Act for any lawful purpose relating to the land or property contained in the dissolving township after the township is dissolved.
(60 ILCS 1/23-25 new) Sec.
23-25.
Merged township.
On the third Monday of May of the year in which township officials are elected following the approval of a referendum under Section 23-15, the following shall occur:
(a) The dissolving township ceases.
(b) All rights, powers, duties, assets, and property, together with all personnel, contractual obligations, other obligations, responsibilities, and liabilities of SB0388 Engrossed - 21 - LRB099 03126 AWJ 23134 b the dissolving township are transferred to the receiving townships as provided in the resolution adopted under Section 23-10.
The rights include, but are not limited to, the authority to continue to collect and receive any tax levied prior to the creation of the merged townships without an additional ordinance, resolution, or referendum.
(c) Road districts located within the dissolving township are abolished and all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of the dissolving road districts shall vest in and be assumed by the receiving townships' road districts as provided for in the resolutions adopted under Section 23-10;
the boards of trustees of the receiving townships shall exercise the taxing authority of a road district dissolved under this Section and shall exercise all duties and responsibilities of the highway commissioner as provided in the Illinois Highway Code unless a road district in the receiving township has a highway commissioner who shall assume all duties and responsibilities of the highway commissioner of the dissolving road districts if so resolved by the receiving township board;
highway commissioners of the dissolving road districts shall cease to hold office on the date the road district is abolished;
and for purposes of distribution of revenue, the receiving townships' road SB0388 Engrossed - 22 - LRB099 03126 AWJ 23134 b districts, or the township board if no road districts exist, shall assume the powers, duties, and obligations of the dissolving road district.
(60 ILCS 1/25-15) Sec.
25-15.
Selection of county governing body;
election Election of county commissioners.
When township organization ceases in any county as provided in this Article, the county board may by ordinance or resolution restructure into a commission form of government on or before 180 days after a township organization ceases.
If the county board votes to assume a commission form of government, an election shall be held in the county at the next general election in an even-numbered year for 3 county commissioners who shall hold office for 2, 4, and 6 years, respectively, and until their successors are elected and qualified.
Terms shall be determined by lot.
At each succeeding general election after the first, one commissioner shall be elected.
87-1119.)
82-783;
88-62.) (60 ILCS 1/25-25) Sec.
25-25.
Disposal of township records and property.
When township organization is discontinued in any county, the records of the several townships shall be deposited in the county clerk's office.
The county board or board of county commissioners of the county may close up all unfinished SB0388 Engrossed - 23 - LRB099 03126 AWJ 23134 b business of the several townships and sell or and dispose of any of the property belonging to a township for the benefit of the inhabitants of the township, as fully as might have been done by the townships themselves.
The county board or board of county commissioners may pay all the indebtedness of any township existing at the time of the discontinuance of township organization and cause the amount of the indebtedness, or so much as may be necessary, to be levied upon the property of the township.
(Source:
P.A.
82-783;
88-62.) (60 ILCS 1/Art.
29 heading new) ARTICLE 29.
DISCONTINUANCE OF TOWNSHIP WITHIN COTERMINOUS MUNICIPALITY:
ALL TOWNSHIPS (60 ILCS 1/29-5 new) Sec.
29-5.
Resolutions to discontinue and abolish a township.
The township board and the corporate authorities of a coterminous, or substantially coterminous, municipality may by resolutions of the board and corporate authorities, and after referendum of the voters of the township and municipality:
(1) discontinue and abolish the township;
(2) transfer all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of the township to the municipality;
and (3) cease and dissolve all township road SB0388 Engrossed - 24 - LRB099 03126 AWJ 23134 b districts with the district's jurisdiction and authority transferred to the municipality upon the dissolution of the township.
(60 ILCS 1/29-10 new) Sec.
29-10.
Notice.
(a) Before passing resolutions under Section 29-5, the township board and the corporate authorities of the municipality shall hold public hearings on those matters after notice of the hearing has been published in a newspaper having general circulation in the township and municipality.
The notice shall be published at least 30 days before the date of the hearing.
(b) Before a referendum is placed on the ballot under Section 29-15, each township board shall publish a copy of the resolution adopted under Section 29-5 in a newspaper of general circulation in the township and municipality affected.
The notice shall be published at least 30 days before the date of the general election in which the referendum will appear.
Each township board shall additionally mail a copy of the adopted resolution, along with a copy of the referendum language, the date the referendum will appear, and a list of all taxes levied in the affected townships, to every registered voter in each township affected.
The notice shall be mailed at least 30 days before the date of the election in which the referendum will appear.
SB0388 Engrossed - 25 - LRB099 03126 AWJ 23134 b (60 ILCS 1/29-15 new) Sec.
29-15.
Referendum for cessation of township.
Upon the adoption of resolutions under Section 29-5 by both the township and municipality, the township board and corporate authorities of the municipality shall certify the question to the election authority and the authority shall cause to be submitted to the voters of the township and municipality at the next election a referendum to discontinue the township and to transfer all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of the township to the municipality.
The referendum shall be substantially in the following form:
Shall the township of (name of township) Township cease? The votes shall be recorded as "Yes" or "No".
The referendum is approved when a majority of the voters, in both the township and municipality, approve the referendum.
If the referendum is approved there shall be no further nominations or elections for clerks, assessors, collectors, highway commissioners, supervisors, or trustees of the township or highway commission, and the terms of all such officers currently serving shall continue until the third Monday of May of the year of the consolidated election in which township officials are elected next following the approval of a referendum under this Section.
SB0388 Engrossed - 26 - LRB099 03126 AWJ 23134 b (60 ILCS 1/29-20 new) Sec.
29-20.
Cessation of township.
On the third Monday in May in the year of the consolidated election in which township officials are elected next following the approval of a referendum under Section 29-15:
(1) the township is discontinued and abolished and all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of the township shall vest in and be assumed by the municipality, including the authority to levy property taxes for township purposes in the same manner as the dissolved township without an additional ordinance, resolution, or referendum;
(2) all township officers shall cease to hold office;
(3) the municipality shall exercise all duties and responsibilities of the township officers as provided in the Township Code, the Illinois Public Aid Code, the Property Tax Code, and the Illinois Highway Code, as applicable.
The municipality may enter into an intergovernmental agreement with the county or the State to administer the duties and responsibilities of the township officers for services under its jurisdiction;
and (4) any road district located within the township is abolished and its jurisdiction, rights, powers, duties, assets, property, liabilities, obligations, and responsibilities shall vest in and be assumed by the SB0388 Engrossed - 27 - LRB099 03126 AWJ 23134 b municipality and the highway commissioner of the abolished road district shall cease to hold office.
The corporate authorities of the municipality shall:
exercise the taxing authority of a road district abolished under this Section;
exercise all duties and responsibilities of the highway commissioner as provided in the Illinois Highway Code;
and for purposes of distribution of revenue, assume the powers, duties, and obligations of the road district in the discontinued township.
The corporate authorities of a municipality may enter into an intergovernmental agreement or a contract with the county, another municipality, or a private contractor to administer the roads which were under the jurisdiction of the abolished road district.
(60 ILCS 1/29-25 new) Sec.
29-25.
Business, records, and property of discontinued township.
The records of a township discontinued under this Article shall be deposited in the municipality's city clerk's office.
The municipality may close up all unfinished business of the township and sell and dispose of any of the property belonging to the township for benefit of the inhabitants of the municipality.
(60 ILCS 1/65-20) Sec.
65-20.
Road district treasurer;
new township;
multi-township officers.
SB0388 Engrossed - 28 - LRB099 03126 AWJ 23134 b (a) Compensation of township officers shall be set by the township board at least 180 days before the beginning of the terms of officers, including compensation of the road district treasurer, which shall be not less than $100 or more than $1,000 per year.
Compensation of a township assessor and collector shall be set at the same time as the compensation of the township supervisor.
Compensation of a multi-township assessor shall be set at least 150 days before his or her election.
(b) The compensation to be paid to each officer in a new township established under Section 10-25 shall be determined under this Section by the township board of the township the whole or a part of which comprises the new township and that has the highest equalized assessed valuation (as of December 31, 1972) of the old townships that comprise the new township.
(c) At least 150 days before the election of multi-township officers, the multi-township board may establish additional pay of those board members for their services in an amount not to exceed $25 per day for each day of services.
(d) For the first term of a township consolidated or merged under Article 22 or 23, compensation for township officers of the consolidated or merged township shall be set by the Transition Township Board no later than the first day in April before the consolidated election at which the township officers are to be elected.
(Source:
P.A.
90-210, eff.
7-25-97.) SB0388 Engrossed - 29 - LRB099 03126 AWJ 23134 b Section 99.
Effective date.
This Act takes effect upon becoming law.
⬇ Download PDF
View plain text versions (2)

Action History

  1. Session Sine Die

  2. Added Alternate Chief Co-Sponsor Rep. Carol Sente

  3. Referred to Rules Committee

  4. First Reading

  5. Chief House Sponsor Rep. Deb Conroy

  6. Arrived in House

  7. Third Reading - Passed; 053-000-000

  8. Placed on Calendar Order of 3rd Reading

  9. Senate Floor Amendment No. 2 Adopted; Bush

  10. Senate Floor Amendment No. 1 Adopted; Bush

  11. Recalled to Second Reading

  12. Added as Chief Co-Sponsor Sen. Steven M. Landek

  13. Senate Floor Amendment No. 2 Recommend Do Adopt Local Government; 009-000-000

  14. Senate Floor Amendment No. 2 Assignments Refers to Local Government

  15. Added as Chief Co-Sponsor Sen. Julie A. Morrison

  16. Senate Floor Amendment No. 2 Referred to Assignments

  17. Senate Floor Amendment No. 2 Filed with Secretary by Sen. Melinda Bush

  18. Chief Sponsor Changed to Sen. Melinda Bush

  19. Senate Floor Amendment No. 1 Recommend Do Adopt Local Government; 010-000-000

  20. Senate Floor Amendment No. 1 Assignments Refers to Local Government

  21. Senate Floor Amendment No. 1 Referred to Assignments

  22. Senate Floor Amendment No. 1 Filed with Secretary by Sen. Melinda Bush

  23. Added as Co-Sponsor Sen. Heather A. Steans

  24. Placed on Calendar Order of 3rd Reading March 9, 2016

  25. Approved for Consideration Assignments

  26. Re-referred to Assignments

  27. Placed on Calendar Order of 3rd Reading April 16, 2015

  28. Second Reading

  29. Placed on Calendar Order of 2nd Reading April 14, 2015

  30. Do Pass Executive; 016-000-000

  31. Assigned to Executive

  32. Referred to Assignments

  33. First Reading

  34. Filed with Secretary by Sen. John J. Cullerton

Sponsors

  • Melinda Bush · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • Melinda Bush

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 53 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 35004
Republican 5001
Democrat 13001
Total 53006
% of votes cast 90%0%0%10%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Manar — Yea
Althoff — Yea
Martinez — Yea
Barickman — Yea
Bertino-Tarrant — Yea
Biss — Yea
Bivins — Yea
McConnaughay — Yea
McCann — Yea
Landek — Yea
Link — Yea
Luechtefeld — Yea
Harris — Yea
Bennett — Yea
McCarter — Yea
McGuire — Yea
Mulroe — Yea
Muñoz — Yea
Nybo — Yea
Brady — Yea
Sullivan — Yea
Silverstein — Not Voting
Cullerton, T. — Yea
Cullerton — Yea
Steans — Yea
Trotter — Yea
Bush — Yea
Clayborne — Not Voting
Connelly — Yea
Forby — Not Voting
Haine — Yea
Hutchinson — Yea
Noland — Yea
Oberweis — Not Voting
Radogno — Yea
Raoul — Yea
Righter — Yea
Van Pelt — Yea
Bill Cunningham Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Not Voting
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Dan McConchie Republican Yea
Dave Syverson Republican Yea
Neil Anderson Republican Yea
Sue Rezin Republican Not Voting
Travis Weaver Republican Yea

Official roll call →

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 388 do?
Amends the Illinois Municipal Code. Makes a technical change in a Section concerning definitions.
Who sponsors SB 388?
SB 388 is sponsored by Melinda Bush.
What is the current status of SB 388?
This bill died with 99th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 388?
Track SB 388 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 388

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 388

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →