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.


LRB101 07011 AWJ 52044 b

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

 

 

A BILL FOR

 

HB3646LRB101 07011 AWJ 52044 b

1    AN ACT concerning local government.
 
2    Section. 1. Legislative intent. It is hereby declared as
3the intent of this amendatory Act of the 101st General Assembly
4to promote consolidation of redundant layers of government and
5to promote government efficiency.
 
6    Be it enacted by the People of the State of Illinois,
7represented in the General Assembly:
 
8    Section 5. The Property Tax Code is amended by changing
9Section 3-70 as follows:
 
10    (35 ILCS 200/3-70)
11    Sec. 3-70. Cessation of Township Assessor. If the office of
12Township Assessor in a coterminous township ceases as provided
13in Article 27, 28, or 29 Articles 27 and 28 of the Township
14Code, then the coterminous municipality shall assume the duties
15of the Township Assessor under this Code.
16(Source: P.A. 98-127, eff. 8-2-13; 99-474, eff. 8-27-15.)
 
17    Section 10. The Township Code is amended by changing
18Section 29-20 and by adding Section 29-16 as follows:
 
19    (60 ILCS 1/29-16 new)
20    Sec. 29-16. November 5, 2020 general election.

 

 

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1Notwithstanding any provision of law to the contrary, for each
2township that is coterminous, or substantially coterminous,
3with a municipality, the appropriate election authorities
4shall submit to the voters of each township at the general
5election held on November 5, 2020 a proposition to: (1)
6discontinue and abolish the township; (2) transfer all the
7rights, powers, duties, assets, property, liabilities,
8obligations, and responsibilities of the township to the
9municipality; and (3) discontinue and abolish all township road
10districts with the district's jurisdiction and authority
11transferred to the municipality upon the dissolution of the
12township in accordance with the general election law. The
13ballot shall be in substantially the following form:
 
14------------------------------------------------------------- 
15                                     YES 
16Shall the Township of           -------------- 
17(name of township) cease?            NO 
18------------------------------------------------------------- 
 
19    The referendum is approved when a majority of the voters,
20in both the township and municipality, approve the referendum.
21    If the referendum is approved, there shall be no further
22nominations or elections for clerks, assessors, collectors,
23highway commissioners, supervisors, or trustees of the
24township or road district, and the terms of all such officers

 

 

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1currently serving shall continue until the third Monday of May
2of the year of the consolidated election in which township
3officials are elected next following the approval of a
4referendum under this Section.
5    The dissolution of a township under this Section is in
6addition to any other method provided by law to dissolve a
7township and failure of a referendum under this Section does
8not prevent the dissolution of the township as otherwise
9allowed by law.
10    This Section is repealed on July 1, 2023.
 
11    (60 ILCS 1/29-20)
12    Sec. 29-20. Cessation of township. On the third Monday in
13May in the year of the consolidated election in which township
14officials are elected next following the approval of a
15referendum to discontinue a township under this Division under
16Section 29-15:
17        (1) the township is discontinued and abolished and all
18    the rights, powers, duties, assets, property, liabilities,
19    obligations, and responsibilities of the township shall
20    vest in and be assumed by the municipality, including the
21    authority to levy property taxes for township purposes in
22    the same manner as the dissolved township without an
23    additional ordinance, resolution, or referendum;
24        (2) all township officers shall cease to hold office;
25        (3) the municipality shall exercise all duties and

 

 

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1    responsibilities of the township officers as provided in
2    the Township Code, the Illinois Public Aid Code, the
3    Property Tax Code, and the Illinois Highway Code, as
4    applicable. The municipality may enter into an
5    intergovernmental agreement with the county or the State to
6    administer the duties and responsibilities of the township
7    officers for services under its jurisdiction; and
8        (4) any road district located within the township is
9    abolished and its jurisdiction, rights, powers, duties,
10    assets, property, liabilities, obligations, and
11    responsibilities shall vest in and be assumed by the
12    municipality and the highway commissioner of the abolished
13    road district shall cease to hold office. The corporate
14    authorities of the municipality shall: exercise the taxing
15    authority of a road district abolished under this Section;
16    exercise all duties and responsibilities of the highway
17    commissioner as provided in the Illinois Highway Code; and
18    for purposes of distribution of revenue, assume the powers,
19    duties, and obligations of the road district in the
20    discontinued township. The corporate authorities of a
21    municipality may hire employees and enter into an
22    intergovernmental agreement or a contract with the county,
23    another municipality, or a private contractor to
24    administer the roads which were under the jurisdiction of
25    the abolished road district.
26(Source: P.A. 100-107, eff. 1-1-18.)
 

 

 

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1    Section 15. The Illinois Public Aid Code is amended by
2changing Section 12-3.1 as follows:
 
3    (305 ILCS 5/12-3.1)
4    Sec. 12-3.1. Discontinuance of a coterminous township.
5Upon discontinuance of a coterminous township under Article 27,
628, or 29 Articles 27 and 28 of the Township Code, the
7coterminous municipality shall provide funds for and
8administer the public aid program provided for under Article VI
9of this Code.
10(Source: P.A. 98-127, eff. 8-2-13; 99-474, eff. 8-27-15.)
 
11    Section 20. The Illinois Highway Code is amended by adding
12Section 6-140 as follows:
 
13    (605 ILCS 5/6-140 new)
14    Sec. 6-140. Abolishing a road district coterminous with a
15township.
16    (a) In each road district that is coterminous, or
17substantially coterminous, with a township, the appropriate
18election authorities shall submit to the voters of each road
19district at the general election held on November 5, 2020 a
20proposition to abolish the road district of that township in
21accordance with the general election law. The ballot shall be
22in substantially the following form:
 

 

 

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1------------------------------------------------------------- 
2Shall the road district of the
3Township of ......  be abolished             Yes
4with all the rights, powers,     
5duties, assets, property,               -------------- 
6liabilities, obligations, and 
7responsibilities being assumed                No 
8by the Township of .......... ? 
9------------------------------------------------------------- 
 
10    If a majority of the electors voting on a proposition are
11in favor of abolishing the road district, then the road
12district shall be abolished by operation of law effective 90
13days after vote certification by the governing election
14authority or on the date the term of the highway commissioner
15in office at the time the proposition was approved by the
16electors expires, whichever is later.
17    On the date of abolition of the road district: all the
18rights, powers, duties, assets, property, liabilities,
19obligations, and responsibilities of the road district shall
20vest in and be assumed by the township; the township board of
21trustees shall assume all taxing authority of a road district
22abolished under this Section; and the highway commissioner of
23the abolished road district shall cease to hold office and the
24highway commissioner's term is terminated. Thereafter, the

 

 

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1township board of trustees shall exercise all duties and
2responsibilities of the highway commissioner under the
3Illinois Highway Code. The township board of trustees may hire
4employees and enter into an intergovernmental agreement or a
5contract with the county, another municipality, or a private
6contractor to administer the roads under its jurisdiction. The
7township board of trustees shall assume all taxing authority of
8a township road district abolished under this subsection. For
9purposes of distribution of revenue, the township assumes the
10powers, duties, and obligations of the former road district.
11    (b) This Section does not apply to a road district that is
12coterminous, or substantially coterminous, with a township
13that is subject to a referendum under Section 29-16 of the
14Township Code.
15    (c) The abolition of a road district under this Section is
16in addition to any other method provided by law to dissolve a
17road district and failure of a referendum under subsection (a)
18does not prevent the abolition of the road district as
19otherwise allowed by law.
20    (d) This Section is repealed on July 1, 2023.
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.