HB0171ham001 100TH GENERAL ASSEMBLY

Rep. Sam Yingling

Filed: 6/28/2017

10000HB0171ham001 LRB100 03840 AWJ 27799 a

AMENDMENT TO HOUSE BILL 171

AMENDMENT NO. ______. Amend House Bill 171 by replacing everything after the enacting clause with the following:

"Section 5. If and only if Senate Bill 3 of the 100th General Assembly becomes law and House Bill 607 of the 100th General Assembly becomes law, then the Election Code is amended by changing Section 28-7 as follows:

(10 ILCS 5/28-7) (from Ch. 46, par. 28-7)

Sec. 28-7. Except as provided in Sections 22-12 and 23-17 of the Township Code, in In any case in which Article VII or paragraph (a) of Section 5 of the Transition Schedule of the Constitution authorizes any action to be taken by or with respect to any unit of local government, as defined in Section 1 of Article VII of the Constitution, by or subject to approval by referendum, any such public question shall be initiated in accordance with this Section.

Any such public question may be initiated by the governing body of the unit of local government by resolution or by the filing with the clerk or secretary of the governmental unit of a petition signed by a number of qualified electors equal to or greater than at least 8% of the total votes cast for candidates for Governor in the preceding gubernatorial election, requesting the submission of the proposal for such action to the voters of the governmental unit at a regular election.

If the action to be taken requires a referendum involving 2 or more units of local government, the proposal shall be submitted to the voters of such governmental units by the election authorities with jurisdiction over the territory of the governmental units. Such multi-unit proposals may be initiated by appropriate resolutions by the respective governing bodies or by petitions of the voters of the several governmental units filed with the respective clerks or secretaries.

This Section is intended to provide a method of submission to referendum in all cases of proposals for actions which are authorized by Article VII of the Constitution by or subject to approval by referendum and supersedes any conflicting statutory provisions except those contained in Section 22-12 of the Township Code, Section 23-17 of the Township Code, and Division 2-5 of the Counties Code the "County Executive Act".

Referenda provided for in this Section may not be held more than once in any 23-month period on the same proposition, provided that in any municipality a referendum to elect not to be a home rule unit may be held only once within any 47-month period.

(Source: P.A. 97-81, eff. 7-5-11.)

Section 10. If and only if Senate Bill 3 of the 100th General Assembly becomes law and House Bill 607 of the 100th General Assembly becomes law, then the Township Code is amended by changing Sections 22-10 and 23-15 and by adding Sections 22-12 and 23-17 as follows:

(60 ILCS 1/22-10)

Sec. 22-10. Referendum.

(a) Upon the adoption of resolutions under Section 22-5 by each township or the submission of petitions meeting the requirements of Section 22-12, the township boards shall certify the question to the proper election authority, or the circuit court for the county in which each township is located shall certify the question to the proper election authority for submission of petitions meeting the requirements of Section 22-12, and the authority shall cause to be submitted to the voters of each township at the general election specified in the resolutions or petitions 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".

A The referendum initiated upon the adoption of resolutions under Section 22-5 is approved when a majority of the voters, in each of the affected townships, approve the referendum. A referendum initiated by petitions meeting the requirements of Section 22-12 is approved when 60% of the voters, in each 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 on the main page of the townships' websites, if any, and 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.

(Source: 100SB0003enr.)

(60 ILCS 1/22-12 new)

Sec. 22-12. Voter-initiated township consolidation.

(a) In the counties of Cass, Henderson, and Cumberland, a referendum to propose township consolidation under this Article may also be initiated by petitions meeting the requirements of subsection (b).

(b) Subject to the petition requirements of the Election Code, petitions for a referendum to consolidate under this Section must be filed with the circuit court for the county in which the affected townships are located not less than 122 days prior to the election at which the referendum will be voted. A petition must be filed for each consolidating township and shall be signed by not less than 10% of the total number of electors voting at the last general election in each township. All signatures gathered must be signed within 365 days prior to the filing of the petitions.

(c) Upon filing the petitions with the circuit court, the parties so filing shall publish notice in a newspaper of general circulation within the territory of the townships affected. Failure to publish the required notice of petitions shall render the petition, and the results of any referendum held on the petition, null and void.

(d) Upon the submission of petitions requesting township consolidation under this Section, the clerk of the circuit court shall submit copies of all the petitions to the governing board of each affected township. The clerk of the circuit court shall then certify the question to the proper election authorities in accordance with the Election Code.

(e) After certification of the question, each township board shall hold a public hearing on the matter of consolidation after notice of the hearing has been published on the main page of the townships' websites, if any, and 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.

(f) A referendum under this Section may be held no earlier than the general election in the year 2020.

(60 ILCS 1/23-15)

Sec. 23-15. Referendum and notices.

(a) Upon the adoption of resolutions under Section 23-10 by all townships or the submission of petitions meeting the requirements of Section 23-17, the township boards shall certify the question to the proper election authority, or the circuit court for the county in which each township is located shall certify the question to the proper election authority for submission of petitions meeting the requirements of Section 23-17, and the authority shall cause to be submitted to the voters of all townships at the general election specified in the resolutions or petitions a referendum to consolidate the townships. The referendum shall be substantially in the following form:

Shall (name of dissolving township) be dissolved into (names of receiving townships)?

The votes shall be recorded as "Yes" or "No".

A The referendum initiated upon the adoption of resolutions under Section 23-10 is approved when a majority of the voters, in each of the affected townships, approve the referendum. A referendum initiated by petitions meeting the requirements of Section 23-17 is approved when 60% 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 on the main page of the townships' websites, if any, and 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.

(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.

(Source: 100SB0003enr.)

(60 ILCS 1/23-17 new)

Sec. 23-17. Voter-initiated township consolidation.

(a) In the counties of Cass, Henderson, and Cumberland, a referendum to propose township consolidation under this Article may also be initiated by petitions meeting the requirements of subsection (b).

(b) Subject to the petition requirements of the Election Code, petitions for a referendum to consolidate under this Section must be filed with the circuit court for the county in which the affected townships are located not less than 122 days prior to the election at which the referendum will be voted. A petition must be filed for each consolidating township and shall be signed by not less than 10% of the total number of electors voting at the last general election in each township. All signatures gathered must be signed within 365 days prior to the filing of the petitions.

(c) Upon filing the petitions with the circuit court, the parties so filing shall publish notice in a newspaper of general circulation within the territory of the townships affected. Failure to publish the required notice of petitions shall render the petition, and the results of any referendum held on the petition, null and void.

(d) Upon the submission of petitions requesting township consolidation under this Section, the clerk of the circuit court shall submit copies of all the petitions to the governing board of each affected township. The clerk of the circuit court shall then certify the question to the proper election authorities in accordance with the Election Code.

(e) After certification of the question, each township board shall hold a public hearing on the matter of consolidation after notice of the hearing has been published on the main page of the townships' websites, if any, and 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.

(f) A referendum under this Section may be held no earlier than the general election in the year 2020.

Section 15. If and only if Senate Bill 3 of the 100th General Assembly becomes law and House Bill 607 of the 100th General Assembly becomes law, then the Illinois Highway Code is amended by changing Sections 6-134 and 6-135 and by adding Section 6-136 as follows:

(605 ILCS 5/6-134)

Sec. 6-134. Abolishing a road district. By resolution, of the board of trustees of any township located in a county with less than 3,000,000 inhabitants or by the submission of a petition meeting the requirements of Section 6-136 by electors of any township located in a county with less than 3,000,000 inhabitants, a proposition to abolish the road district of that township may be submitted to the electors of that township, by the board of trustees if by resolution or by the circuit court if by petition, at a general election or consolidated election in accordance with the general election law. The ballot shall be in substantially the following form:

In the event that a majority of the electors voting on such proposition initiated by a majority of the township board of trustees are in favor thereof, then the road district shall be abolished on the January 1 following the approval of the referendum by operation of law effective 90 days after vote certification by the governing election authority or on the date the term of the highway commissioner in office at the time the proposition was approved by the electors expires, whichever is later. If 60% of the electors voting on a referendum initiated by a petition meeting the requirements of Section 6-136 are in favor of abolishing the township road district, then the road district is abolished on the January 1 following the approval of the referendum or on the date the term of the highway commissioner in office at the time the referendum was approved expires, whichever is later.

On that date, all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of the road district shall by operation of law vest in and be assumed by the township. On that date, the township board of trustees shall assume all taxing authority of a road district abolished under this Section. On that date, any highway commissioner of the abolished road district shall cease to hold office, such term having been terminated. Thereafter, the township shall exercise all duties and responsibilities of the highway commissioner as provided in the Illinois Highway Code. The township board of trustees may enter into a contract with the county, a municipality, or a private contractor to administer the roads under its jurisdiction. The township board of trustees shall assume all taxing authority of a township road district abolished under this subsection. For purposes of distribution of revenue, the township shall assume the powers, duties, and obligations of the road district.

(Source: 100HB0607enr.)

(605 ILCS 5/6-135)

Sec. 6-135. Abolishing a road district with less than 15 miles of roads.

(a) Any township in a county with a population less than 3,000,000 may abolish a road district of that township if the roads of the road district are less than 15 miles in length, as determined by the county engineer or county superintendent of highways, by resolution of a majority of the board of trustees to submit a referendum to abolish the road district of that township or the submission of a petition meeting the requirements of Section 6-136. The referendum shall be submitted to the electors of that township at the next general election or consolidated election in accordance with the general election law. The ballot shall be in substantially the following form:

(b) If a majority of the electors voting on a the referendum initiated by a majority of the township board of trustees under subsection (a) of this Section are in favor of abolishing the township road district, then the road district is abolished on the January 1 following the approval of the referendum or on the date the term of the highway commissioner in office at the time the referendum was approved expires, whichever is later. If 60% of the electors voting on a referendum initiated by a petition meeting the requirements of Section 6-136 are in favor of abolishing the township road district, then the road district is abolished on the January 1 following the approval of the referendum or on the date the term of the highway commissioner in office at the time the referendum was approved expires, whichever is later.

On the date of abolishment: all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of the road district shall by operation of law vest in and be assumed by the township; the township board of trustees shall assume all taxing authority of a road district abolished under this Section; any highway commissioner of the abolished road district shall cease to hold office; the township shall exercise all duties and responsibilities of the highway commissioner as provided in the Illinois Highway Code; and for purposes of distribution of revenue, the township shall assume the powers, duties, and obligations of the road district. The township board of trustees may enter into a contract with the county, a municipality, or a private contractor to administer the roads added to its jurisdiction under this Section.

(Source: 100SB0003enr.)

(605 ILCS 5/6-136 new)

Sec. 6-136. Voter-initiated road district consolidation.

(a) In the counties of Cass, Henderson, and Cumberland, a referendum to propose road district consolidation under Section 6-134 or 6-135 of this Code may also be initiated by a petition meeting the requirements of subsection (b) of this Section.

(b) To initiate a referendum under this Section, a petition must be filed with the circuit court for the county in which the township road district is located. The petition shall be signed by not less than 10% of the total number of electors voting at the last general election in the affected township road district.

(c) Upon the submission of a petition requesting township road district consolidation under this Section, the clerk of the circuit court shall submit copies of the petition to the governing board of the township road district. The clerk of the circuit court shall then certify the question to the proper election authorities in accordance with the Election Code and the question shall be submitted to the electors as provided in subsection (a) of Section 6-134 or subsection (a) of Section 6-135.

(d) The governing board of the affected road district and the governing board of the affected township must each hold a public hearing on the issue of consolidation no more than 60 days prior to the general election at which the referendum under this Section shall be voted upon.

(e) A referendum under this Section may be held no earlier than the general election in the year 2020.".