Bill Text: IL HB0360 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Township Code. Provides that the board of trustees of a township located in DuPage County may submit a proposition to dissolve the township and all road districts wholly within the township to the township electors or township electors may petition for a referendum to dissolve a township. Provides for the transfer of property, assets, personnel, contractual obligations, and liabilities of the dissolving township and road districts to DuPage County. Limits the transferred rights, duties, and funds of the dissolved township to be exercised solely on behalf of the residents within the boundaries of the dissolved township. Provides that municipalities within the dissolving township may elect to assume the duties and responsibilities of a 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 a township in DuPage 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. Provides for transfer of rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of the road district to the township. 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-03-29 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB0360 Detail]

Download: Illinois-2019-HB0360-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB0360 Introduced , by Rep. Grant Wehrli SYNOPSIS AS INTRODUCED:
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Amends the Township Code. Provides that the board of trustees of a township located in DuPage County may submit a proposition to dissolve the township and all road districts wholly within the township to the township electors or township electors may petition for a referendum to dissolve a township. Provides for the transfer of property, assets, personnel, contractual obligations, and liabilities of the dissolving township and road districts to DuPage County. Limits the transferred rights, duties, and funds of the dissolved township to be exercised solely on behalf of the residents within the boundaries of the dissolved township. Provides that municipalities within the dissolving township may elect to assume the duties and responsibilities of a 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 a township in DuPage 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. Provides for transfer of rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of the road district to the township. 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.
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FISCAL NOTE ACT MAY APPLY HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY
A BILL FOR
HB0360 LRB101 04648 AWJ 49657 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Legislative intent. It is the intent of the
General Assembly that this Act further the intent of Section 5
of Article VII of the Illinois Constitution, which states, in
relevant part, that townships "may be consolidated or merged,
and one or more townships may be dissolved or divided, when
approved by referendum in each township affected".
Transferring the powers and duties of one or more dissolved
DuPage County townships into the county, as the supervising
unit of local government within which the township or townships
are situated, will reduce the overall number of local
governmental units within our State. This reduction is declared
to be a strong goal of Illinois public policy.
Section 5. 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 Article 24 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

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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 Article 24 of

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the Township Code or Division 2-5 of the Counties Code.
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. 100-863, eff. 8-14-18.)
Section 10. The Counties Code is amended by adding Section
5-1184 as follows:
(55 ILCS 5/5-1184 new)
Sec. 5-1184. Dissolution of townships in DuPage County. If
a township in DuPage County dissolves as provided in Article 24
of the Township Code, DuPage County shall assume the powers,
duties, and obligations of each dissolved township as provided
in Article 24 of the Township Code.
Section 15. The Township Code is amended by adding Article
24 as follows:
(60 ILCS 1/Art. 24 heading new)
ARTICLE 24. DISSOLUTION OF
TOWNSHIPS IN DUPAGE COUNTY
(60 ILCS 1/24-5 new)

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

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

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

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(60 ILCS 1/24-35 new)
Sec. 24-35. Dissolution; transfer of rights and duties.
When the dissolution of a township has been approved under
Section 24-30:
(1) On or before the date of dissolution, all real and
personal property, and any other assets, together with all
personnel, contractual obligations, and liabilities of the
dissolving township and any road districts wholly within
the boundaries of the dissolving township shall be
transferred to DuPage County. All funds of the dissolved
township or dissolved road districts shall be used solely
on behalf of the residents of the geographic area within
the boundaries of the dissolved township.
(2) On the date of dissolution, the dissolving township
is dissolved.
(3) On and after the date of dissolution, all rights
and duties of the dissolved township may be exercised by
the county board of DuPage County, except as provided under
paragraph (6) solely on behalf of the residents of the
geographic area within the boundaries of the dissolved
township.
(4) The county board of DuPage County shall not extend
a property tax levy that is greater than 90% of the
property tax levy extended by the dissolved township or
road districts for the duties taken on by the county or
municipalities under paragraph (6). This property tax levy

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may not be extended outside the boundaries of the dissolved
township. In all subsequent years, this levy shall be bound
by the provisions of the Property Tax Extension Limitation
Law.
(5) All road districts wholly within the boundaries of
the dissolving township are dissolved on the date of
dissolution of the dissolving township, and all powers and
responsibilities of each road district are transferred to
DuPage County except as provided in paragraph (6).
(6) The county board of DuPage County shall give
written notice to each municipality whose governing board
meets within the boundaries of a dissolving township that
the municipality may make an offer, on or before 60 days
after the date of dissolution of the dissolving township,
that the municipality will assume all of the powers and
responsibilities of a road district or road districts
wholly inside the dissolving township. The notice shall be
sent to each municipality on or before 30 days after the
date of dissolution of the township. Any eligible
municipality may, with consent of its governing board, make
an offer to assume all of the powers and responsibilities
of the dissolving township's road district or road
districts. A municipality may offer to assume the powers
and responsibilities only for a limited period of time. If
one or more offers are received by DuPage County on or
before 60 days after the date of dissolution of the

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dissolving township, the county board of DuPage County
shall select the best offer or offers that the board
determines would be in the best interest and welfare of the
affected resident population. If no municipality makes an
offer, the powers and duties of the dissolving township's
road district or road districts are retained by DuPage
County. The municipality that assumes the powers and duties
of the dissolving township's road district or road
districts shall not extend a road district property tax
levy under Division 5 of Article 6 of the Illinois Highway
Code that is greater than 90% of the road district property
tax levy that was extended by the county on behalf of the
dissolving township's road district or road districts for
the duties taken on by the municipality.
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 within DuPage County
with less than 15 miles of roads. Any township in DuPage County
shall abolish a road district of that township if the roads of
the road district are less than 15 centerline miles in length,
as determined by the county engineer or county superintendent
of highways. A road district is abolished on the expiration of
the term of office of the highway commissioner of the road

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district facing abolition following the determination by the
county engineer or county superintendent of highways of the
length, in centerline mileage, of the roads within the road
district to be abolished.
On the date of abolition: 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 and shall exercise all duties and
responsibilities of the highway commissioner as provided in
this 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.
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INDEX
Statutes amended in order of appearance