Bill Text: IL HB0360 | 2019-2020 | 101st General Assembly | Introduced
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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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Legislative intent. It is the intent of the | ||||||||||||||||||||||||
5 | General Assembly that this Act further the intent of Section 5 | ||||||||||||||||||||||||
6 | of Article VII of the Illinois Constitution, which states, in | ||||||||||||||||||||||||
7 | relevant part, that townships "may be consolidated or merged, | ||||||||||||||||||||||||
8 | and one or more townships may be dissolved or divided, when | ||||||||||||||||||||||||
9 | approved by referendum in each township affected". | ||||||||||||||||||||||||
10 | Transferring the powers and duties of one or more dissolved | ||||||||||||||||||||||||
11 | DuPage County townships into the county, as the supervising | ||||||||||||||||||||||||
12 | unit of local government within which the township or townships | ||||||||||||||||||||||||
13 | are situated, will reduce the overall number of local | ||||||||||||||||||||||||
14 | governmental units within our State. This reduction is declared | ||||||||||||||||||||||||
15 | to be a strong goal of Illinois public policy.
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16 | Section 5. The Election Code is amended by changing Section | ||||||||||||||||||||||||
17 | 28-7 as follows:
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18 | (10 ILCS 5/28-7) (from Ch. 46, par. 28-7)
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19 | Sec. 28-7.
Except as provided in Article 24 of the Township | ||||||||||||||||||||||||
20 | Code, in In any case in which Article VII or paragraph (a) of | ||||||||||||||||||||||||
21 | Section 5 of
the
Transition Schedule of the Constitution | ||||||||||||||||||||||||
22 | authorizes any action to be
taken by or with respect to any |
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1 | unit of local government, as defined in
Section 1 of Article | ||||||
2 | VII of the Constitution, by or subject to approval
by | ||||||
3 | referendum, any such public question shall be initiated in
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4 | accordance with this Section.
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5 | Any such public question may be initiated by the governing | ||||||
6 | body of the
unit of local government by resolution or by the | ||||||
7 | filing with the clerk or
secretary of the
governmental unit of | ||||||
8 | a petition signed by a number of qualified electors
equal to or | ||||||
9 | greater than at least 8% of the total votes cast for candidates | ||||||
10 | for Governor in the preceding gubernatorial election, | ||||||
11 | requesting the submission of the proposal
for such action to | ||||||
12 | the voters
of the governmental unit at a regular election.
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13 | If the action to be taken requires a referendum involving 2 | ||||||
14 | or more
units of local government, the proposal shall be | ||||||
15 | submitted to the voters
of such governmental units by the | ||||||
16 | election authorities with jurisdiction
over the territory of | ||||||
17 | the governmental units. Such multi-unit proposals
may be | ||||||
18 | initiated by appropriate
resolutions by the respective | ||||||
19 | governing bodies or by
petitions of the voters of the several | ||||||
20 | governmental units filed with the
respective clerks or | ||||||
21 | secretaries.
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22 | This Section is intended to provide a method of submission | ||||||
23 | to
referendum in all cases of proposals for actions which are | ||||||
24 | authorized by
Article VII of the Constitution by or subject to | ||||||
25 | approval by referendum
and supersedes any conflicting | ||||||
26 | statutory provisions except those
contained in Article 24 of |
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1 | the Township Code or Division 2-5 of the Counties Code.
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2 | Referenda provided for in this Section may not be held more | ||||||
3 | than once
in any 23-month period on the same proposition, | ||||||
4 | provided that in any
municipality a referendum to elect not to | ||||||
5 | be a home rule unit may be held
only once within
any 47-month | ||||||
6 | period.
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7 | (Source: P.A. 100-863, eff. 8-14-18.)
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8 | Section 10. The Counties Code is amended by adding Section | ||||||
9 | 5-1184 as follows:
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10 | (55 ILCS 5/5-1184 new) | ||||||
11 | Sec. 5-1184. Dissolution of townships in DuPage County. If | ||||||
12 | a township in DuPage County dissolves as provided in Article 24 | ||||||
13 | of the Township Code, DuPage County shall assume the powers, | ||||||
14 | duties, and obligations of each dissolved township as provided | ||||||
15 | in Article 24 of the Township Code.
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16 | Section 15. The Township Code is amended by adding Article | ||||||
17 | 24 as follows:
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18 | (60 ILCS 1/Art. 24 heading new) | ||||||
19 | ARTICLE 24. DISSOLUTION OF | ||||||
20 | TOWNSHIPS IN
DUPAGE COUNTY | ||||||
21 | (60 ILCS 1/24-5 new) |
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1 | Sec. 24-5. Scope. The method of dissolution of a township | ||||||
2 | in DuPage County under this Article shall be in addition to any | ||||||
3 | other method of dissolving a township provided by law or | ||||||
4 | otherwise.
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5 | (60 ILCS 1/24-10 new) | ||||||
6 | Sec. 24-10. Definition. As used in this Article, "electors" | ||||||
7 | means the registered voters of any single township in DuPage | ||||||
8 | County.
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9 | (60 ILCS 1/24-15 new) | ||||||
10 | Sec. 24-15. Dissolving a township in DuPage County. By | ||||||
11 | resolution, the board of trustees of any township located in | ||||||
12 | DuPage County may submit a proposition to dissolve the township | ||||||
13 | to the electors of that township at the election next following | ||||||
14 | in accordance with the general election law. The ballot shall | ||||||
15 | be as provided for in Section 24-30.
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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 | ||||||
19 | the Election Code, petitions for a referendum to dissolve a | ||||||
20 | township located in DuPage County must be filed with the | ||||||
21 | governing board of the township, the county board of DuPage | ||||||
22 | County, and the DuPage County Clerk not less than 122 days | ||||||
23 | prior to any election held throughout the township. Petitions |
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1 | must include:
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2 | (1) the name of the dissolving township;
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3 | (2) the date of dissolution; and
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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.
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11 | (b) The proposed date of dissolution shall be at least 90 | ||||||
12 | days after the date of the election at which the referendum is | ||||||
13 | to be voted upon.
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14 | (c) If a valid petition is filed under subsection (a), then | ||||||
15 | the DuPage County Clerk shall, by publication in one or more | ||||||
16 | newspapers of general circulation within the county, not less | ||||||
17 | than 90 days prior to the election at which the referendum is | ||||||
18 | to be voted on, give notice in substantially the following | ||||||
19 | form:
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20 | NOTICE OF PETITION TO DISSOLVE (dissolving township).
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21 | Residents of (dissolving township) and DuPage County are | ||||||
22 | notified that a petition has been filed with (dissolving | ||||||
23 | township) and DuPage 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 DuPage County.
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3 | (60 ILCS 1/24-25 new) | ||||||
4 | Sec. 24-25. Ballot placement. A petition that meets the | ||||||
5 | requirements of Section 24-20 shall be placed on the ballot in | ||||||
6 | the form provided for in Section 24-30 at the election next | ||||||
7 | following.
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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 | ||||||
11 | Election Code, the referendum described in Section 24-25 shall | ||||||
12 | be in substantially the following form on the ballot: | ||||||
13 | -
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14 | Shall the (dissolving YES
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15 | township) be dissolved on (date
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16 | of dissolution) with all of --------------
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17 | its property, assets, personnel,
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18 | obligations, and liabilities being NO
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19 | transferred to DuPage County?
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20 | ------------------------------------------------------------- | ||||||
21 | (b) The referendum is approved when a majority of those | ||||||
22 | voting in the election from the dissolving township approve the | ||||||
23 | referendum.
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1 | (60 ILCS 1/24-35 new) | ||||||
2 | Sec. 24-35. Dissolution; transfer of rights and duties. | ||||||
3 | When the dissolution of a township has been approved under | ||||||
4 | Section 24-30:
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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 any road districts wholly within | ||||||
9 | the boundaries of the dissolving township shall be | ||||||
10 | transferred to DuPage County. All funds of the dissolved | ||||||
11 | township or dissolved road districts shall be used solely | ||||||
12 | on behalf of the residents of the geographic area within | ||||||
13 | the boundaries of the dissolved township.
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14 | (2) On the date of dissolution, the dissolving township | ||||||
15 | is dissolved.
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16 | (3) On and after the date of dissolution, all rights | ||||||
17 | and duties of the dissolved township may be exercised by | ||||||
18 | the county board of DuPage County, except as provided under | ||||||
19 | paragraph (6) solely on behalf of the residents of the | ||||||
20 | geographic area within the boundaries of the dissolved | ||||||
21 | township. | ||||||
22 | (4) The county board of DuPage County shall not extend | ||||||
23 | a property tax levy that is greater than 90% of the | ||||||
24 | property tax levy extended by the dissolved township or | ||||||
25 | road districts for the duties taken on by the county or | ||||||
26 | municipalities under paragraph (6). This property tax levy |
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1 | may not be extended outside the boundaries of the dissolved | ||||||
2 | township. In all subsequent years, this levy shall be bound | ||||||
3 | by the provisions of the Property Tax Extension Limitation | ||||||
4 | Law. | ||||||
5 | (5) All road districts wholly within the boundaries of | ||||||
6 | the dissolving township are dissolved on the date of | ||||||
7 | dissolution of the dissolving township, and all powers and | ||||||
8 | responsibilities of each road district are transferred to | ||||||
9 | DuPage County except as provided in paragraph (6). | ||||||
10 | (6) The county board of DuPage County shall give | ||||||
11 | written notice to each municipality whose governing board | ||||||
12 | meets within the boundaries of a dissolving township that | ||||||
13 | the municipality may make an offer, on or before 60 days | ||||||
14 | after the date of dissolution of the dissolving township, | ||||||
15 | that the municipality will assume all of the powers and | ||||||
16 | responsibilities of a road district or road districts | ||||||
17 | wholly inside the dissolving township. The notice shall be | ||||||
18 | sent to each municipality on or before 30 days after the | ||||||
19 | date of dissolution of the township. Any eligible | ||||||
20 | municipality may, with consent of its governing board, make | ||||||
21 | an offer to assume all of the powers and responsibilities | ||||||
22 | of the dissolving township's road district or road | ||||||
23 | districts. A municipality may offer to assume the powers | ||||||
24 | and responsibilities only for a limited period of time. If | ||||||
25 | one or more offers are received by DuPage County on or | ||||||
26 | before 60 days after the date of dissolution of the |
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1 | dissolving township, the county board of DuPage County | ||||||
2 | shall select the best offer or offers that the board | ||||||
3 | determines would be in the best interest and welfare of the | ||||||
4 | affected resident population. If no municipality makes an | ||||||
5 | offer, the powers and duties of the dissolving township's | ||||||
6 | road district or road districts are retained by DuPage | ||||||
7 | County. The municipality that assumes the powers and duties | ||||||
8 | of the dissolving township's road district or road | ||||||
9 | districts shall not extend a road district property tax | ||||||
10 | levy under Division 5 of Article 6 of the Illinois Highway | ||||||
11 | Code that is greater than 90% of the road district property | ||||||
12 | tax levy that was extended by the county on behalf of the | ||||||
13 | dissolving township's road district or road districts for | ||||||
14 | the duties taken on by the municipality.
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15 | Section 20. The Illinois Highway Code is amended by adding | ||||||
16 | Section 6-140 as follows:
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17 | (605 ILCS 5/6-140 new) | ||||||
18 | Sec. 6-140. Abolishing a road district within DuPage County | ||||||
19 | with less than 15 miles of roads. Any township in DuPage County | ||||||
20 | shall abolish a road district of that township if the roads of | ||||||
21 | the road district are less than 15 centerline miles in length, | ||||||
22 | as determined by the county engineer or county superintendent | ||||||
23 | of highways. A road district is abolished on the expiration of | ||||||
24 | the term of office of the highway commissioner of the road |
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1 | district facing abolition following the determination by the | |||||||||||||||||||||||||
2 | county engineer or county superintendent of highways of the | |||||||||||||||||||||||||
3 | length, in centerline mileage, of the roads within the road | |||||||||||||||||||||||||
4 | district to be abolished. | |||||||||||||||||||||||||
5 | On the date of abolition: all the rights, powers, duties, | |||||||||||||||||||||||||
6 | assets, property, liabilities, obligations, and | |||||||||||||||||||||||||
7 | responsibilities of the road district shall by operation of law | |||||||||||||||||||||||||
8 | vest in and be assumed by the township; the township board of | |||||||||||||||||||||||||
9 | trustees shall assume all taxing authority of a road district | |||||||||||||||||||||||||
10 | abolished under this Section and shall exercise all duties and | |||||||||||||||||||||||||
11 | responsibilities of the highway commissioner as provided in | |||||||||||||||||||||||||
12 | this Code; and for purposes of distribution of revenue, the | |||||||||||||||||||||||||
13 | township shall assume the powers, duties, and obligations of | |||||||||||||||||||||||||
14 | the road district. The township board of trustees may enter | |||||||||||||||||||||||||
15 | into a contract with the county, a municipality, or a private | |||||||||||||||||||||||||
16 | contractor to administer the roads added to its jurisdiction | |||||||||||||||||||||||||
17 | under this Section. | |||||||||||||||||||||||||
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