HB3646 101ST GENERAL ASSEMBLY

LRB101 07011 AWJ 52044 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3646

Introduced , by Rep. Daniel Didech

SYNOPSIS AS INTRODUCED:

35 ILCS 200/3-70
60 ILCS 1/29-16 new
60 ILCS 1/29-20
305 ILCS 5/12-3.1
605 ILCS 5/6-140 new

Amends the Township Code. Provides that a referendum for the voters of each township that is coterminous, or substantially coterminous, with a municipality shall be held on the November 5, 2020 general election to dissolve the township and transfer all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities to the coterminous municipality. Provides that this is in addition to any other method provided by law to dissolve a township. Repeals these provisions on July 1, 2023. Provides that a township may hire employees to administer the roads of a discontinued road district. Amends the Property Tax Code and Illinois Public Aid Code making conforming changes. Amends the Illinois Highway Code. Provides for similar provisions for abolishing a road district that is coterminous, or substantially coterminous, with a township at the November 5, 2020 general election. Effective immediately.

FISCAL NOTE ACT MAY APPLY

HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

Section. 1. Legislative intent. It is hereby declared as the intent of this amendatory Act of the 101st General Assembly to promote consolidation of redundant layers of government and to promote government efficiency.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Property Tax Code is amended by changing Section 3-70 as follows:

(35 ILCS 200/3-70)

Sec. 3-70. Cessation of Township Assessor. If the office of Township Assessor in a coterminous township ceases as provided in Article 27, 28, or 29 Articles 27 and 28 of the Township Code, then the coterminous municipality shall assume the duties of the Township Assessor under this Code.

(Source: P.A. 98-127, eff. 8-2-13; 99-474, eff. 8-27-15.)

Section 10. The Township Code is amended by changing Section 29-20 and by adding Section 29-16 as follows:

(60 ILCS 1/29-16 new)

Sec. 29-16. November 5, 2020 general election. Notwithstanding any provision of law to the contrary, for each township that is coterminous, or substantially coterminous, with a municipality, the appropriate election authorities shall submit to the voters of each township at the general election held on November 5, 2020 a proposition to: (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) discontinue and abolish all township road districts with the district's jurisdiction and authority transferred to the municipality upon the dissolution of the township in accordance with the general election law. The ballot shall be in substantially the following form: -------------------------------------------------------------

YES Shall the Township of -------------- (name of township) cease? 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 road district, 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.

The dissolution of a township under this Section is in addition to any other method provided by law to dissolve a township and failure of a referendum under this Section does not prevent the dissolution of the township as otherwise allowed by law.

This Section is repealed on July 1, 2023.

(60 ILCS 1/29-20)

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 to discontinue a township under this Division 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 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 hire employees and 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.

(Source: P.A. 100-107, eff. 1-1-18.)

Section 15. The Illinois Public Aid Code is amended by changing Section 12-3.1 as follows:

(305 ILCS 5/12-3.1)

Sec. 12-3.1. Discontinuance of a coterminous township. Upon discontinuance of a coterminous township under Article 27, 28, or 29 Articles 27 and 28 of the Township Code, the coterminous municipality shall provide funds for and administer the public aid program provided for under Article VI of this Code.

(Source: P.A. 98-127, eff. 8-2-13; 99-474, eff. 8-27-15.)

Section 20. The Illinois Highway Code is amended by adding Section 6-140 as follows:

(605 ILCS 5/6-140 new)

Sec. 6-140. Abolishing a road district coterminous with a township.

(a) In each road district that is coterminous, or substantially coterminous, with a township, the appropriate election authorities shall submit to the voters of each road district at the general election held on November 5, 2020 a proposition to abolish the road district of that township in accordance with the general election law. The ballot shall be in substantially the following form: ------------------------------------------------------------- Shall the road district of the Township of ...... be abolished Yes with all the rights, powers, duties, assets, property, -------------- liabilities, obligations, and responsibilities being assumed No by the Township of .......... ? -------------------------------------------------------------

If a majority of the electors voting on a proposition are in favor of abolishing the road district, then the road district shall be abolished 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.

On the date of abolition of the road district: all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of the road district shall 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; and the highway commissioner of the abolished road district shall cease to hold office and the highway commissioner's term is terminated. Thereafter, the township board of trustees shall exercise all duties and responsibilities of the highway commissioner under the Illinois Highway Code. The township board of trustees may hire employees and enter into an intergovernmental agreement or a contract with the county, another 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 assumes the powers, duties, and obligations of the former road district.

(b) This Section does not apply to a road district that is coterminous, or substantially coterminous, with a township that is subject to a referendum under Section 29-16 of the Township Code.

(c) The abolition of a road district under this Section is in addition to any other method provided by law to dissolve a road district and failure of a referendum under subsection (a) does not prevent the abolition of the road district as otherwise allowed by law.

(d) This Section is repealed on July 1, 2023.

Section 99. Effective date. This Act takes effect upon becoming law.