101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0348

 

Introduced , by Rep. David McSweeney

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Township Code. Provides that the board of trustees of any township located in McHenry County may submit a proposition to dissolve the township to the township electors or township electors may petition for a referendum to dissolve a township. Provides for the transfer of real and personal property, and any other assets, together with all personnel, contractual obligations, and liabilities of the dissolving township to McHenry County. Provides that all road districts wholly within the boundaries of the dissolving township are dissolved on the date of dissolution of the dissolving township and the powers and responsibilities of the road district are transferred to McHenry County, and provides that municipalities within the dissolving township may elect to assume the duties and responsibilities of the road district or road districts. Limits extensions of specified property tax levies to 90% of the original property tax levy and within the boundaries of the dissolved township. Amends the Election Code and Counties Code making conforming changes. Amends the Illinois Highway Code. Provides that any township in Lake County or McHenry County shall abolish a road district of that township if the roads of the road district are less than 15 miles in length. Provides that the road district is abolished on the expiration of the term of office of the highway commissioner of the road district facing abolition following the determination by the county engineer or county superintendent of highways. Provides that 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. Effective immediately.


LRB101 06955 AWJ 51988 b

FISCAL NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0348LRB101 06955 AWJ 51988 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Legislative intent. It is the intent of the
5General Assembly that this Act further the intent of Section 5
6of Article VII of the Illinois Constitution, which states, in
7relevant part, that townships "may be consolidated or merged,
8and one or more townships may be dissolved or divided, when
9approved by referendum in each township affected".
10Transferring the powers and duties of one or more dissolved
11McHenry County townships into the county, as the supervising
12unit of local government within which the township or townships
13are situated, will reduce the overall number of local
14governmental units within our State. This reduction is declared
15to be a strong goal of Illinois public policy.
 
16    Section 5. The Election Code is amended by changing Section
1728-7 as follows:
 
18    (10 ILCS 5/28-7)  (from Ch. 46, par. 28-7)
19    Sec. 28-7. Except as provided in Article 24 of the Township
20Code, in In any case in which Article VII or paragraph (a) of
21Section 5 of the Transition Schedule of the Constitution
22authorizes any action to be taken by or with respect to any

 

 

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1unit of local government, as defined in Section 1 of Article
2VII of the Constitution, by or subject to approval by
3referendum, any such public question shall be initiated in
4accordance with this Section.
5    Any such public question may be initiated by the governing
6body of the unit of local government by resolution or by the
7filing with the clerk or secretary of the governmental unit of
8a petition signed by a number of qualified electors equal to or
9greater than at least 8% of the total votes cast for candidates
10for Governor in the preceding gubernatorial election,
11requesting the submission of the proposal for such action to
12the voters of the governmental unit at a regular election.
13    If the action to be taken requires a referendum involving 2
14or more units of local government, the proposal shall be
15submitted to the voters of such governmental units by the
16election authorities with jurisdiction over the territory of
17the governmental units. Such multi-unit proposals may be
18initiated by appropriate resolutions by the respective
19governing bodies or by petitions of the voters of the several
20governmental units filed with the respective clerks or
21secretaries.
22    This Section is intended to provide a method of submission
23to referendum in all cases of proposals for actions which are
24authorized by Article VII of the Constitution by or subject to
25approval by referendum and supersedes any conflicting
26statutory provisions except those contained in Division 2-5 of

 

 

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1the Counties Code or Article 24 of the Township Code.
2    Referenda provided for in this Section may not be held more
3than once in any 23-month period on the same proposition,
4provided that in any municipality a referendum to elect not to
5be a home rule unit may be held only once within any 47-month
6period.
7(Source: P.A. 100-863, eff. 8-14-18.)
 
8    Section 10. The Counties Code is amended by adding Section
95-1184 as follows:
 
10    (55 ILCS 5/5-1184 new)
11    Sec. 5-1184. Dissolution of townships in McHenry County. If
12a township in McHenry County dissolves as provided in Article
1324 of the Township Code, McHenry County shall assume the
14powers, duties, and obligations of each dissolved township as
15provided in Article 24 of the Township Code.
 
16    Section 15. The Township Code is amended by adding Article
1724 as follows:
 
18    (60 ILCS 1/Art. 24 heading new)
19
ARTICLE 24. DISSOLUTION OF
20
TOWNSHIPS IN MCHENRY COUNTY

 
21    (60 ILCS 1/24-5 new)

 

 

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1    Sec. 24-5. Scope. The method of dissolution of a township
2in McHenry County under this Article shall be in addition to
3any other method of dissolving a township provided by law or
4otherwise.
 
5    (60 ILCS 1/24-10 new)
6    Sec. 24-10. Definition. As used in this Article, "electors"
7means the registered voters of any single township in McHenry
8County.
 
9    (60 ILCS 1/24-15 new)
10    Sec. 24-15. Dissolving a township in McHenry County. By
11resolution, the board of trustees of any township located in
12McHenry County may submit a proposition to dissolve the
13township to the electors of that township at the election next
14following in accordance with the general election law. The
15ballot shall be as provided for in Section 24-30.
 
16    (60 ILCS 1/24-20 new)
17    Sec. 24-20. Petition requirements; notice.
18    (a) Subject to the petition requirements of Section 28-3 of
19the Election Code, petitions for a referendum to dissolve a
20township located in McHenry County must be filed with the
21governing board of the township, the county board of McHenry
22County, and the McHenry County Clerk not less than 122 days
23prior to any election held throughout the township. Petitions

 

 

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1must include:
2        (1) the name of the dissolving township;
3        (2) the date of dissolution; and
4        (3) signatures of a number of electors equal to or
5    greater than 5% of the total votes cast in the township in
6    the preceding election that is of an election type
7    comparable to the election for which the petition is being
8    filed; all signatures gathered under this paragraph (3)
9    must be signed within 365 days prior to the filing of a
10    petition.
11    (b) The proposed date of dissolution shall be at least 90
12days after the date of the election at which the referendum is
13to be voted upon.
14    (c) If a valid petition is filed under subsection (a), then
15the McHenry County Clerk shall, by publication in one or more
16newspapers of general circulation within the county, not less
17than 90 days prior to the election at which the referendum is
18to be voted on, give notice in substantially the following
19form:
 
20    NOTICE OF PETITION TO DISSOLVE (dissolving township).
21    Residents of (dissolving township) and McHenry County are
22    notified that a petition has been filed with (dissolving
23    township) and McHenry County requesting a referendum to
24    dissolve (dissolving township) on (date of dissolution)
25    with all real and personal property, and any other assets,

 

 

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1    together with all personnel, contractual obligations, and
2    liabilities being transferred to McHenry County.
 
3    (60 ILCS 1/24-25 new)
4    Sec. 24-25. Ballot placement. A petition that meets the
5requirements of Section 24-20 shall be placed on the ballot in
6the form provided for in Section 24-30 at the election next
7following.
 
8    (60 ILCS 1/24-30 new)
9    Sec. 24-30. Referendum; voting.
10    (a) Subject to the requirements of Section 16-7 of the
11Election Code, the referendum described in Section 24-25 shall
12be in substantially the following form on the ballot:
13-
14    Shall the (dissolving                     YES
15township) be dissolved on (date
16of dissolution) with all of              --------------
17its property, assets, personnel,
18obligations, and liabilities being            NO
19transferred to McHenry County?
20-------------------------------------------------------------
21    (b) The referendum is approved when a majority of those
22voting in the election from the dissolving township approve the
23referendum.
 

 

 

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1    (60 ILCS 1/24-35 new)
2    Sec. 24-35. Dissolution; transfer of rights and duties.
3When the dissolution of a township has been approved under
4Section 24-30:
5        (1) On or before the date of dissolution, all real and
6    personal property, and any other assets, together with all
7    personnel, contractual obligations, and liabilities of the
8    dissolving township and road districts shall be
9    transferred to McHenry County. All funds of the dissolved
10    township and road districts shall be used solely on behalf
11    of the residents of the geographic area within the
12    boundaries of the dissolved township.
13        (2) On the date of dissolution, the dissolving township
14    is dissolved.
15        (3) On and after the date of dissolution, all rights
16    and duties of the dissolved township may be exercised by
17    the McHenry County Board solely on behalf of the residents
18    of the geographic area within the boundaries of the
19    dissolved township.
20        (4) The McHenry County Board shall not extend a
21    property tax levy that is greater than 90% of the property
22    tax levy extended by the dissolved township or road
23    districts for the duties taken on by McHenry County. This
24    property tax levy may not be extended outside the
25    boundaries of the dissolved township. In all subsequent
26    years, this levy shall be bound by the provisions of the

 

 

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1    Property Tax Extension Limitation Law.
2        (5) All road districts wholly within the boundaries of
3    the dissolving township are dissolved on the date of
4    dissolution of the dissolving township, and all powers and
5    responsibilities of each road district are transferred to
6    McHenry County except as provided in paragraph (6).
7        (6) The county board of McHenry County shall give
8    written notice to each municipality whose governing board
9    meets within the boundaries of a dissolving township that
10    the municipality may make an offer, on or before 60 days
11    after the date of dissolution of the dissolving township,
12    that the municipality will assume all of the powers and
13    responsibilities of a road district or road districts
14    wholly inside the dissolving township. The notice shall be
15    sent to each municipality on or before 30 days after the
16    date of dissolution of the township. Any eligible
17    municipality may, with consent of its governing board, make
18    an offer to assume all of the powers and responsibilities
19    of the dissolving township's road district or road
20    districts. A municipality may offer to assume the powers
21    and responsibilities only for a limited period of time. If
22    one or more offers are received by McHenry County on or
23    before 60 days after the date of dissolution of the
24    dissolving township, the county board of McHenry County
25    shall select the best offer or offers that the board
26    determines would be in the best interest and welfare of the

 

 

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1    affected resident population. If no municipality makes an
2    offer, the powers and duties of the dissolving township's
3    road district or road districts are retained by McHenry
4    County. The municipality that assumes the powers and duties
5    of the dissolving township's road district or road
6    districts shall not extend a road district property tax
7    levy under Division 5 of Article 6 of the Illinois Highway
8    Code that is greater than 90% of the road district property
9    tax levy that was extended by the county on behalf of the
10    dissolving township's road district or road districts for
11    the duties taken on by the municipality.
 
12    Section 20. The Illinois Highway Code is amended by adding
13Section 6-140 as follows:
 
14    (605 ILCS 5/6-140 new)
15    Sec. 6-140. Abolishing a road district within Lake County
16or McHenry County with less than 15 miles of roads. Any
17township in Lake County or McHenry County shall abolish a road
18district of that township if the roads of the road district are
19less than 15 centerline miles in length, as determined by the
20county engineer or county superintendent of highways. A road
21district is abolished on the expiration of the term of office
22of the highway commissioner of the road district facing
23abolition following the determination by the county engineer or
24county superintendent of highways of the length, in centerline

 

 

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1mileage, of the roads within the road district to be abolished.
2    On the date of abolition: all the rights, powers, duties,
3assets, property, liabilities, obligations, and
4responsibilities of the road district shall by operation of law
5vest in and be assumed by the township; the township board of
6trustees shall assume all taxing authority of a road district
7abolished under this Section and shall exercise all duties and
8responsibilities of the highway commissioner as provided in
9this Code; and for purposes of distribution of revenue, the
10township shall assume the powers, duties, and obligations of
11the road district. The township board of trustees may enter
12into a contract with the county, a municipality, or a private
13contractor to administer the roads added to its jurisdiction
14under this Section.
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    10 ILCS 5/28-7from Ch. 46, par. 28-7
4    55 ILCS 5/5-1184 new
5    60 ILCS 1/Art. 24 heading
6    new
7    60 ILCS 1/24-5 new
8    60 ILCS 1/24-10 new
9    60 ILCS 1/24-15 new
10    60 ILCS 1/24-20 new
11    60 ILCS 1/24-25 new
12    60 ILCS 1/24-30 new
13    60 ILCS 1/24-35 new
14    605 ILCS 5/6-140 new