Bill Text: IL SB0003 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Local Government Reduction and Efficiency Division of the Counties Code. Provides that the Division applies to all counties (currently, only applies to DuPage, Lake, and McHenry Counties). Excludes specified boards from the definition of "unit of local government". Provides how the status and rights of employees, including those represented by an exclusive bargaining representatives, are affected by the dissolution of a unit of local government under the Division. Provides for the assumption of obligations of the dissolving unit of local government by the entity absorbing the dissolving unit as they relate to representation rights and collective bargaining agreements. Amends the Township Code. Removes a restriction limiting townships to 126 square miles. Provides for the consolidation of 2 or more townships which share a boundary, the merging of one township into 2 other townships, and the dissolution of all townships (currently, only allowed in specified townships) within a coterminous, or substantially coterminous, municipality. Makes other changes. Amends the Election Code. Specifies procedures for township consolidation, merger, and discontinuance referenda. Amends the Illinois Drainage Code. Provides that specified counties may, by resolution, dissolve drainage districts wholly within their borders and drainage districts only partially within its borders under specified circumstances. Amends the Illinois Highway Code. Provides that specified township road districts may be abolished by public referendum. Effective on January 1, 2018, but this Act does not take effect at all unless Senate Bills 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 of the 100th General Assembly become law.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Engrossed) 2017-05-19 - Committee Deadline Extended-Rule 9(b) May 26, 2017 [SB0003 Detail]

Download: Illinois-2017-SB0003-Engrossed.html



SB0003 EngrossedLRB100 06370 AWJ 16409 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 5. The Election Code is amended by adding Section
53-7 and by changing Section 28-1 as follows:
6 (10 ILCS 5/3-7 new)
7 Sec. 3-7. Voters in consolidating and merging townships.
8 (a) In the consolidated election where township trustees
9are elected next following the certification of a successful
10referendum to consolidate townships under Article 22 of the
11Township Code, the qualified electors entitled to caucus, vote
12for, be nominated for, and run for offices in the consolidated
13township that is to be formed are those registered voters
14residing in any of the townships identified in the referendum
15as they exist prior to consolidation.
16 (b) In the consolidated election where township trustees
17are elected next following the certification of a successful
18referendum to dissolve a township and merge its territory into
192 adjacent townships under Article 23 of the Township Code, the
20qualified electors entitled to caucus, vote for, be nominated
21for, and run for offices in a receiving township shall also
22include those registered voters residing in the territory of
23the dissolving township described in the resolutions adopted

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1under Section 23-10 of the Township Code as the territory to be
2merged with the receiving township. For purposes of this
3subsection (b) only, "dissolving township" and "receiving
4township" have the meaning provided in Section 23-5 of the
5Township Code.
6 (10 ILCS 5/28-1) (from Ch. 46, par. 28-1)
7 Sec. 28-1. The initiation and submission of all public
8questions to be voted upon by the electors of the State or of
9any political subdivision or district or precinct or
10combination of precincts shall be subject to the provisions of
11this Article.
12 Questions of public policy which have any legal effect
13shall be submitted to referendum only as authorized by a
14statute which so provides or by the Constitution. Advisory
15questions of public policy shall be submitted to referendum
16pursuant to Section 28-5 or pursuant to a statute which so
17provides.
18 The method of initiating the submission of a public
19question shall be as provided by the statute authorizing such
20public question, or as provided by the Constitution.
21 All public questions shall be initiated, submitted and
22printed on the ballot in the form required by Section 16-7 of
23this Act, except as may otherwise be specified in the statute
24authorizing a public question.
25 Whenever a statute provides for the initiation of a public

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1question by a petition of electors, the provisions of such
2statute shall govern with respect to the number of signatures
3required, the qualifications of persons entitled to sign the
4petition, the contents of the petition, the officer with whom
5the petition must be filed, and the form of the question to be
6submitted. If such statute does not specify any of the
7foregoing petition requirements, the corresponding petition
8requirements of Section 28-6 shall govern such petition.
9 Irrespective of the method of initiation, not more than 3
10public questions other than (a) back door referenda, (b)
11referenda to determine whether a disconnection may take place
12where a city coterminous with a township is proposing to annex
13territory from an adjacent township, (c) referenda held under
14the provisions of the Property Tax Extension Limitation Law in
15the Property Tax Code, or (d) referenda held under Section
162-3002 of the Counties Code, or (e) referenda held under
17Article 22, 23, or 29 of the Township Code may be submitted to
18referendum with respect to a political subdivision at the same
19election.
20 If more than 3 propositions are timely initiated or
21certified for submission at an election with respect to a
22political subdivision, the first 3 validly initiated, by the
23filing of a petition or by the adoption of a resolution or
24ordinance of a political subdivision, as the case may be, shall
25be printed on the ballot and submitted at that election.
26However, except as expressly authorized by law not more than

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1one proposition to change the form of government of a
2municipality pursuant to Article VII of the Constitution may be
3submitted at an election. If more than one such proposition is
4timely initiated or certified for submission at an election
5with respect to a municipality, the first validly initiated
6shall be the one printed on the ballot and submitted at that
7election.
8 No public question shall be submitted to the voters of a
9political subdivision at any regularly scheduled election at
10which such voters are not scheduled to cast votes for any
11candidates for nomination for, election to or retention in
12public office, except that if, in any existing or proposed
13political subdivision in which the submission of a public
14question at a regularly scheduled election is desired, the
15voters of only a portion of such existing or proposed political
16subdivision are not scheduled to cast votes for nomination for,
17election to or retention in public office at such election, but
18the voters in one or more other portions of such existing or
19proposed political subdivision are scheduled to cast votes for
20nomination for, election to or retention in public office at
21such election, the public question shall be voted upon by all
22the qualified voters of the entire existing or proposed
23political subdivision at the election.
24 Not more than 3 advisory public questions may be submitted
25to the voters of the entire state at a general election. If
26more than 3 such advisory propositions are initiated, the first

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13 timely and validly initiated shall be the questions printed
2on the ballot and submitted at that election; provided however,
3that a question for a proposed amendment to Article IV of the
4Constitution pursuant to Section 3, Article XIV of the
5Constitution, or for a question submitted under the Property
6Tax Cap Referendum Law, shall not be included in the foregoing
7limitation.
8(Source: P.A. 93-308, eff. 7-23-03.)
9 Section 10. The Counties Code is amended by changing the
10heading of Division 2-4, and by changing Sections 2-4006,
115-44010, 5-44020, and by adding Section 5-44043 as follows:
12 (55 ILCS 5/Div. 2-4 heading)
13
Division 2-4. Counties not under
14
Township Organization
15
Organized as a Commission
16
Form of Government
17 (55 ILCS 5/2-4006)
18 Sec. 2-4006. Terms of commissioners.
19 (a) In every county not under township organization that is
20organized as a commission form of government having 3
21commissioners elected at large as described in subsection (b)
22or (c), the commissioners shall be elected as provided in this
23Section.

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1 (b) In a county in which one commissioner was elected at
2the general election in 1992 to serve for a term of 4 years and
3in which 2 commissioners will be elected at the general
4election in 1994, the commissioner elected in 1994 and
5receiving the greatest number of votes shall serve for a term
6of 6 years. The other commissioner elected in 1994 shall serve
7for a term of 4 years. At the general election in 1996 and at
8each general election thereafter, one commissioner shall be
9elected to serve for a term of 6 years.
10 (c) In a county in which 2 commissioners were elected at
11the general election in 1992 to serve for terms of 4 years and
12in which one commissioner will be elected at the general
13election in 1994, the commissioner elected in 1994 shall serve
14for a term of 4 years. The commissioner elected in 1996 and
15receiving the greatest number of votes shall serve for a term
16of 6 years. The other commissioner elected in 1996 shall serve
17for a term of 4 years. At the general election in 1998 and at
18each general election thereafter, one commissioner shall be
19elected to serve for a term of 6 years.
20 (c-5) In Calhoun County, Edwards County, and Union County,
21the registered voters of the county may, upon referendum
22initiated by (i) the adoption of a resolution of the board of
23county commissioners or (ii) a petition signed by not less than
2410% of the registered voters in the county, determine that the
25board of county commissioners shall consist of 5 commissioners
26elected at large. The commissioners must certify the question

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1to the proper election authority, which must submit the
2question at an election in accordance with the general election
3law.
4 The question shall be submitted in substantially the
5following form:
6 "Shall the board of county commissioners of (county)
7 consist of 5 commissioners elected at large?"
8 Votes must be recorded as "Yes" or "No". If a majority of
9the electors voting on the question vote in the affirmative,
10then a 5-member board of county commissioners shall be
11established beginning with the next general election. The
12County Clerk, in consultation with the State's Attorney for the
13county, shall develop and present to the board of county
14commissioners, to implement by the adoption of a resolution,
15the transition of terms for the current 3-member board of
16commissioners and the addition of 2 commissioners for 6-year
17terms. Thereafter, commissioners shall be elected at each
18general election to fill expired terms.
19 (d) The provisions of this Section do not apply to
20commissioners elected under Section 2-4006.5 of this Code.
21(Source: P.A. 96-175, eff. 8-10-09.)
22 (55 ILCS 5/5-44010)
23 Sec. 5-44010. Applicability. The powers and authorities
24provided by this Division 5-44 apply to all counties DuPage,
25Lake, and McHenry Counties and units of local government within

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1such counties.
2(Source: P.A. 98-126, eff. 8-2-13; 99-709, eff. 8-5-16.)
3 (55 ILCS 5/5-44020)
4 Sec. 5-44020. Definitions. In this Division 5-44:
5 "Fire protection jurisdiction" means a fire protection
6district, municipal fire department, or service organized
7under Section 5-1056.1 of the Counties Code, Sections 195 and
8200 of the Township Code, Section 10-2.1 of the Illinois
9Municipal Code, or the Illinois Fire Protection District Act.
10 "Governing board" means the individual or individuals who
11constitute the corporate authorities of a unit of local
12government.
13 "Unit of local government" or "unit" means any unit of
14local government located entirely within one county, to which
15the county board chairman or county executive directly appoints
16a majority of its governing board with the advice and consent
17of the county board, but shall not include a fire protection
18district that directly employs any regular full-time
19employees, a conservation district organized under the
20Conservation District Act, or a special district organized
21under the Water Commission Act of 1985, a community mental
22health board established under the Community Mental Health
23Board Act, or a board established under the County Care for
24Persons with Developmental Disabilities Act.
25(Source: P.A. 98-126, eff. 8-2-13; 98-756, eff. 7-16-14;

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199-709, eff. 8-5-16.)
2 (55 ILCS 5/5-44043 new)
3 Sec. 5-44043. Rights and obligations of employees.
4 (a) The status and rights of employees represented by an
5exclusive bargaining representative shall not be affected by
6the dissolution of a unit of local government under this
7Division, except that this subsection does not apply in DuPage,
8Lake, and McHenry Counties for actions taken before the
9effective date of this amendatory Act of the 100th General
10Assembly.
11 (b) Obligations of the dissolving unit of local government
12assumed by the trustee-in-dissolution, county, or governing
13body of a special service area include the obligation to honor
14representation rights under the Illinois Public Labor
15Relations Act and any collective bargaining agreements
16existing on the date of dissolution of the unit of local
17government.
18 (c) The rights of employees under any pensions, retirement
19plans, or annuity plans existing on the date of dissolution of
20the unit of local government are not affected by the
21dissolution of a unit of local government under this Division.
22 Section 15. The Township Code is amended by adding Articles
2322, 23, and 29 and by changing Sections 10-25, 25-15, 25-25,
24and 65-20 as follows:

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1 (60 ILCS 1/10-25)
2 Sec. 10-25. Plan for changes in townships.
3 (a) The county board of each county may, subject to a
4referendum in the townships affected as provided in this
5Section, adopt a plan for altering the boundaries of townships,
6changing township lines, dividing, enlarging, or consolidating
7townships, or creating new townships, so that each township
8shall possess an equalized assessed valuation of not less than
9$10,000,000 as of the 1982 assessment year or an area of not
10more than 126 square miles.
11 (b) No alteration or change in boundaries shall be
12effective unless approved by a referendum in each township
13affected. The election authority shall submit to the voters of
14each township affected, at a regular election to be held not
15less than 60 days after the plan is adopted, the question of
16approving the alteration or change. The alterations or changes,
17if approved by the voters, shall take effect on the date of the
18next township election and shall be applicable to that
19election. If there is doubt as to the township clerk with whom
20nomination papers for that election should be filed, the county
21board shall designate the clerk. In the alteration of
22boundaries, a county board may not disturb urban or coterminous
23townships in existence on October 1, 1978.
24(Source: P.A. 84-1308; 88-62.)

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1 (60 ILCS 1/Art. 22 heading new)
2
ARTICLE 22. CONSOLIDATION OF
3
MULTIPLE TOWNSHIPS
4 (60 ILCS 1/22-5 new)
5 Sec. 22-5. Resolution for consolidation; notice.
6 (a) Notwithstanding any other provision of law to the
7contrary, the township boards of any 2 or more adjacent
8townships may, by identical resolutions of each board, propose
9consolidation by referendum: (i) into a new township; or (ii)
10into an existing township. Each resolution shall include, but
11is not limited to, the following:
12 (1) the name of the proposed new consolidated township
13 or the name of the existing township into which all
14 townships will be consolidated;
15 (2) a description of how each road district or road
16 districts of a dissolving township shall comply with
17 subsection (c) of Section 22-20 if a township will be
18 consolidating into an existing township;
19 (3) the names of all townships that will be
20 consolidating and a description of the area of
21 consolidation; and
22 (4) the date of the general election at which the
23 referendum shall be held.
24 All resolutions shall be passed not less than 79 days
25before the general election stated in the resolutions. For

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1purposes of this Section, 3 or more townships are adjacent when
2each township shares a boundary with at least one of the other
3townships which are to be consolidated.
4 (b) Before passing a resolution under subsection (a), each
5township board shall hold a public hearing on those matters
6after notice of the hearing has been published in a newspaper
7having a general circulation in the townships affected. The
8notice shall be published at least 30 days before the date of
9the hearing. The notice shall contain, at a minimum, the name
10of all townships that will be consolidating and a description
11of the area of consolidation.
12 (60 ILCS 1/22-10 new)
13 Sec. 22-10. Referendum.
14 (a) Upon the adoption of resolutions under Section 22-5 by
15each township, the township boards shall certify the question
16to the election authority and the authority shall cause to be
17submitted to the voters of each township at the general
18election specified in the resolutions a referendum to
19consolidate the townships. The referendum shall be
20substantially in the following form:
21 Shall (names of townships) be consolidated into [a new
22 township called (name of proposed consolidated
23 township)/the township of (name of existing township)]?
24 The votes shall be recorded as "Yes" or "No". The
25referendum is approved when a majority of the voters, in each

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1of the affected townships, approve the referendum.
2 (b) Before a referendum appears on the ballot under
3subsection (a), each township board shall publish a copy of the
4adopted resolution in a newspaper having a general circulation
5in each of the townships affected. The notice shall be
6published at least 30 days before the date of the general
7election in which the referendum will appear.
8 Each township board shall additionally mail a copy of the
9adopted resolution, along with a copy of the referendum
10language and a list of all taxes levied for general township
11purposes in the affected townships, to every registered voter
12in each township affected. The notice shall be mailed at least
1330 days before the date of the general election in which the
14referendum will appear.
15 (c) Notwithstanding any provision of law to the contrary,
16no tax rate may be extended for any fund of the consolidated
17district for the first levy year of the consolidated district
18that exceeds any statutory maximum set forth for that fund,
19unless the referendum also conforms to the requirements of the
20Property Tax Extension Limitation Law or other statutory
21provision setting forth that limitation.
22 (60 ILCS 1/22-15 new)
23 Sec. 22-15. Transition. Notwithstanding any other
24provision of law to the contrary, upon the approval of a
25referendum under Section 22-10:

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1 (a) There shall be no further nominations or elections for
2clerks, assessors, collectors, highway commissioners,
3supervisors, or trustees of any of the separate townships or
4highway commissions, and the terms of all such officers
5currently serving shall continue until the third Monday of May
6of the year in which township officials are elected next
7following the approval of a referendum under Section 22-10.
8 (b) A Transition Township Board is formed and is composed
9of the members of the separate townships boards. The Transition
10Township Board shall have only the following powers: (1) to
11propose and approve the compensation of all officials of the
12consolidated township that will be elected at the consolidated
13election next following the passage of the referendum under
14Section 22-10; and (2) to propose and approve additional debt
15to be taken on by any of the separate townships.
16 (c) The Transition Township Board shall hold a public
17hearing no later than the last Tuesday in December before the
18consolidated township board of trustees are elected next
19following the approval of a referendum under Section 22-10. If
20the Board cannot agree on the compensation for an official by
21the first Tuesday in April before the consolidated election of
22township officials next following the approval of a referendum
23under Section 22-10, then the compensation for that official
24shall be equal to the lowest compensation for the same office
25between the separate townships in the previous calendar year.
26 (d) The separate townships shall not incur any additional

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1debt without the approval of the Transition Township Board. For
2purposes of this Section, "debt" shall have the meaning
3ascribed to that term in Section 23-5.
4 (e) Section 3-7 of the Election Code shall govern those
5individuals entitled to caucus, vote for, be nominated for, and
6run for offices for the consolidated township at the
7consolidated election of township officials next following the
8approval of a referendum under Section 22-10.
9 (60 ILCS 1/22-20 new)
10 Sec. 22-20. Consolidated township.
11 (a) On the third Monday of May of the year in which
12township officials are elected following the approval of a
13referendum under Section 22-10, the following shall occur:
14 (1) the separate townships cease and the consolidated
15 township is created;
16 (2) all rights, powers, duties, assets, and property,
17 together with all personnel, contractual obligations,
18 other obligations, responsibilities, and liabilities of
19 the separate townships are transferred to the consolidated
20 township; those rights include, but are not limited to, the
21 authority to continue to collect, receive, and expend the
22 proceeds of any tax levied by any of the separate townships
23 prior to the creation of the consolidated township without
24 an additional ordinance, resolution, or referendum; the
25 proceeds of any tax levied by any of the separate townships

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1 prior to the creation of the consolidated township shall be
2 expended or disposed of by the consolidated township in the
3 same manner as such assessments might have been expended or
4 disposed of by the separate townships; however, if the
5 consolidated township board determines that there is a
6 surplus in the fund for general township purposes on
7 December 31 of the calendar year in which the consolidation
8 occurs, then any portion of the surplus that is solely
9 attributable to the consolidation shall be refunded to the
10 owners of record of taxable property within the
11 consolidated district on a pro rata basis; and
12 (3) road districts located within the separate
13 townships are abolished.
14 (b) When a new township is created, a new road district
15encompassing the consolidated township is created. All the
16rights, powers, duties, assets, property, liabilities,
17obligations, and responsibilities of the separate road
18districts shall vest in and be assumed by the new road district
19as provided for in the resolutions adopted under Section 22-5.
20The new township board of trustees shall exercise the taxing
21authority of a road district abolished under this Section. The
22highway commissioners of the abolished road districts shall
23cease to hold office on the date the road district is
24abolished. The new township board shall exercise all duties and
25responsibilities of the highway commissioner as provided in the
26Illinois Highway Code. For purposes of distribution of revenue,

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1the new township shall assume the powers, duties, and
2obligations of the road district of the dissolving road
3district. The new township board may enter into a contract with
4the county, a municipality, or a private contractor to
5administer the roads under the new road district.
6 (c) When a township consolidates into an existing township,
7all the rights, powers, duties, assets, property, liabilities,
8obligations, and responsibilities of the abolished road
9districts shall vest in and be assumed by the existing
10township's road district as provided for in the resolutions
11adopted under Section 22-5. The consolidated township board of
12trustees shall exercise the taxing authority of a road district
13abolished under this Section. Highway commissioners of the
14abolished road districts shall cease to hold office on the date
15the road district is abolished. The consolidated township shall
16exercise all duties and responsibilities of the highway
17commissioner as provided in the Illinois Highway Code. For
18purposes of distribution of revenue, the existing township's
19road district or districts shall assume the powers, duties, and
20obligations of the road district of the dissolving road
21district.
22 (60 ILCS 1/Art. 23 heading new)
23
ARTICLE 23. MERGER OF A SINGLE
24
TOWNSHIP INTO TWO OTHER TOWNSHIPS

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1 (60 ILCS 1/23-5 new)
2 Sec. 23-5. Definitions. As used in this Article:
3 "Dissolving road district" means a road district in a
4dissolving township, which is dissolved under subsection (c) of
5Section 23-25.
6 "Dissolving township" means a township which is proposed to
7be dissolved into and be merged with 2 other adjacent
8townships.
9 "Equalized assessed value" has the meaning provided in
10Section 18-213 of the Property Tax Code.
11 "Debt" means indebtedness incurred by a dissolving
12township including, but not limited to, mortgages, judgments,
13and moneys due through the issuance and sale of bonds, or
14through an equivalent manner of borrowing for which notes or
15other evidences of indebtedness are issued fixing the amount of
16principal and interest from time to time payable to retire the
17indebtedness.
18 "Receiving township" means a township into which a portion
19of the dissolving township will be merged.
20 (60 ILCS 1/23-10 new)
21 Sec. 23-10. Resolution for merger; notice.
22 (a) Notwithstanding any other provision of law to the
23contrary, the township boards of any 3 adjacent townships may,
24by identical resolutions of each board, propose that a township
25which borders the other 2 townships be dissolved by referendum

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1and all rights, powers, duties, assets, and property, together
2with all personnel, contractual obligations, other
3obligations, responsibilities, and liabilities of the
4dissolving township transferred to the receiving townships.
5Each resolution shall include, but is not limited to, the
6following:
7 (1) a legal description of the former territory of the
8 dissolving township each receiving township will take upon
9 the dissolution of the dissolving township;
10 (2) a description of how all assets and property,
11 together with all personnel, contractual obligations,
12 other obligations, responsibilities, and liabilities of
13 the dissolving township will be transferred to the
14 receiving townships;
15 (3) the tax rates for general township purposes for the
16 immediately preceding levy year, as extended and collected
17 in the year in which the resolution is adopted, for the
18 dissolving township and each receiving township;
19 (4) a description and amount of all debt each receiving
20 township shall assume after the dissolving township
21 dissolves. The debt shall be assumed by each receiving
22 township in equal proportion to the equalized assessed
23 value of the land and property that will be received by
24 each receiving township from the dissolving township
25 unless otherwise agreed to in the resolutions;
26 (5) a description of how each road district or road

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1 districts of a dissolving township shall comply with
2 subsection (c) of Section 23-25; and
3 (6) the date of the general election at which the
4 referendum shall be held.
5 All resolutions shall be passed not less than 79 days
6before the general election stated in the resolutions.
7 (b) Before passing a resolution under this Section, each
8township board shall hold a public hearing on those matters
9after notice of the hearing has been published in a newspaper
10having a general circulation in the townships affected. The
11notice shall be published at least 30 days before the date of
12the hearing. The notice shall contain, at a minimum, the name
13of the dissolving township and receiving townships and a
14description of the area each receiving township will receive
15from the dissolving township.
16 (60 ILCS 1/23-15 new)
17 Sec. 23-15. Referendum and notices.
18 (a) Upon the adoption of resolutions under Section 23-10 by
19all townships, the township boards shall certify the question
20to the election authority and the authority shall cause to be
21submitted to the voters of all townships at the general
22election specified in the resolutions a referendum to
23consolidate the townships. The referendum shall be
24substantially in the following form:
25 Shall (name of dissolving township) be dissolved into

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1 (names of receiving townships)?
2 The votes shall be recorded as "Yes" or "No". The
3referendum is approved when a majority of the voters, in each
4of the affected townships, approve the referendum.
5 (b) Before a referendum appears on the ballot under
6subsection (a), the township boards shall publish a copy of the
7adopted resolution in a newspaper having a general circulation
8in each of the townships affected. The notice shall be
9published at least 30 days before the date of the general
10election.
11 Each township board shall additionally mail a copy of the
12adopted resolution, along with a copy of the referendum
13language and a list of all taxes levied for general township
14purposes in the affected townships, to every registered voter
15in each township affected. The notice shall be mailed at least
1630 days before the date of the general election in which the
17referendum will appear.
18 (60 ILCS 1/23-20 new)
19 Sec. 23-20. Transition.
20 (a) Notwithstanding any other provision of law to the
21contrary, upon the approval of a referendum under Section
2223-15:
23 (1) there shall be no further nominations or elections
24 for clerks, assessors, collectors, highway commissioners,
25 supervisors, or trustees of the dissolving township or

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1 highway commissions and the terms of all such officers
2 currently serving shall continue until the third Monday of
3 May of the year in which township officials are elected
4 following the approval of a referendum under Section 23-15;
5 (2) a Transition Township Board is formed for each
6 receiving township. Each Transition Township Board shall
7 be composed of the members of the dissolving township
8 boards plus the members of the receiving township board.
9 The Transition Township Board shall only have authority to
10 do the following under paragraphs (3) and (4) of this
11 Section: provide for the compensation for all receiving
12 township officials that will be elected at the consolidated
13 election next following the approval of a referendum under
14 Section 23-15; and approving additional debt to be taken on
15 by the dissolving township;
16 (3) each Transition Township Board shall hold a public
17 meeting no later than the first Tuesday in April before the
18 receiving townships' boards of trustees are elected at the
19 consolidated election next following the approval of a
20 referendum under Section 23-15. At this public meeting, the
21 Transition Township Board shall provide for the
22 compensation for all township officials that will be
23 elected at the consolidated election. If the Board cannot
24 agree on the compensation for an official, then the
25 compensation for the same office between the receiving and
26 dissolving townships shall be the lower compensation for

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1 the office in the dissolving township or receiving
2 township;
3 (4) the dissolving township shall not incur any
4 additional debt without the approval of the Transition
5 Township Board of each receiving township that would assume
6 such debt after dissolution of the dissolving township; and
7 (5) Section 3-7 of the Election Code shall govern those
8 individuals entitled to caucus, vote for, be nominated for,
9 and run for offices for the receiving townships at the
10 consolidated election of township officials next following
11 the approval of a referendum under Section 23-15.
12 (b) Upon the approval of a referendum under Section 23-15,
13the receiving townships may enter into an intergovernmental
14agreement under the Intergovernmental Cooperation Act for any
15lawful purpose relating to the land or property contained in
16the dissolving township after the township is dissolved.
17 (60 ILCS 1/23-25 new)
18 Sec. 23-25. Merged township. On the third Monday of May of
19the year in which township officials are elected following the
20approval of a referendum under Section 23-15, the following
21shall occur:
22 (a) The dissolving township ceases.
23 (b) All rights, powers, duties, assets, and property,
24 together with all personnel, contractual obligations,
25 other obligations, responsibilities, and liabilities of

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1 the dissolving township are transferred to the receiving
2 townships as provided in the resolution adopted under
3 Section 23-10. The rights include, but are not limited to,
4 the authority to continue to collect and receive any tax
5 levied prior to the creation of the merged townships
6 without an additional ordinance, resolution, or
7 referendum.
8 (c) Road districts located within the dissolving
9 township are abolished and all the rights, powers, duties,
10 assets, property, liabilities, obligations, and
11 responsibilities of the dissolving road districts shall
12 vest in and be assumed by the receiving townships' road
13 districts as provided for in the resolutions adopted under
14 Section 23-10; the boards of trustees of the receiving
15 townships shall exercise the taxing authority of a road
16 district dissolved under this Section and shall exercise
17 all duties and responsibilities of the highway
18 commissioner as provided in the Illinois Highway Code
19 unless a road district in the receiving township has a
20 highway commissioner who shall assume all duties and
21 responsibilities of the highway commissioner of the
22 dissolving road districts if so resolved by the receiving
23 township board; highway commissioners of the dissolving
24 road districts shall cease to hold office on the date the
25 road district is abolished; and for purposes of
26 distribution of revenue, the receiving townships' road

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1 districts, or the township board if no road districts
2 exist, shall assume the powers, duties, and obligations of
3 the dissolving road district.
4 (60 ILCS 1/25-15)
5 Sec. 25-15. Selection of county governing body; election
6Election of county commissioners. When township organization
7ceases in any county as provided in this Article, the county
8board may by ordinance or resolution restructure into a
9commission form of government on or before 180 days after a
10township organization ceases. If the county board votes to
11assume a commission form of government, an election shall be
12held in the county at the next general election in an
13even-numbered year for 3 county commissioners who shall hold
14office for 2, 4, and 6 years, respectively, and until their
15successors are elected and qualified. Terms shall be determined
16by lot. At each succeeding general election after the first,
17one commissioner shall be elected.
18(Source: P.A. 82-783; 88-62.)
19 (60 ILCS 1/25-25)
20 Sec. 25-25. Disposal of township records and property. When
21township organization is discontinued in any county, the
22records of the several townships shall be deposited in the
23county clerk's office. The county board or board of county
24commissioners of the county may close up all unfinished

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1business of the several townships and sell or and dispose of
2any of the property belonging to a township for the benefit of
3the inhabitants of the township, as fully as might have been
4done by the townships themselves. The county board or board of
5county commissioners may pay all the indebtedness of any
6township existing at the time of the discontinuance of township
7organization and cause the amount of the indebtedness, or so
8much as may be necessary, to be levied upon the property of the
9township.
10(Source: P.A. 82-783; 88-62.)
11 (60 ILCS 1/Art. 29 heading new)
12
ARTICLE 29. DISCONTINUANCE OF
13
TOWNSHIP WITHIN COTERMINOUS
14
MUNICIPALITY: ALL TOWNSHIPS
15 (60 ILCS 1/29-5 new)
16 Sec. 29-5. Resolutions to discontinue and abolish a
17township. The township board and the corporate authorities of a
18coterminous, or substantially coterminous, municipality may by
19resolutions of the board and corporate authorities, and after
20referendum of the voters of the township and municipality: (1)
21discontinue and abolish the township; (2) transfer all the
22rights, powers, duties, assets, property, liabilities,
23obligations, and responsibilities of the township to the
24municipality; and (3) cease and dissolve all township road

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1districts with the district's jurisdiction and authority
2transferred to the municipality upon the dissolution of the
3township.
4 (60 ILCS 1/29-10 new)
5 Sec. 29-10. Notice.
6 (a) Before passing resolutions under Section 29-5, the
7township board and the corporate authorities of the
8municipality shall hold public hearings on those matters after
9notice of the hearing has been published in a newspaper having
10general circulation in the township and municipality. The
11notice shall be published at least 30 days before the date of
12the hearing.
13 (b) Before a referendum is placed on the ballot under
14Section 29-15, each township board shall publish a copy of the
15resolution adopted under Section 29-5 in a newspaper of general
16circulation in the township and municipality affected. The
17notice shall be published at least 30 days before the date of
18the general election in which the referendum will appear.
19 Each township board shall additionally mail a copy of the
20adopted resolution, along with a copy of the referendum
21language, the date the referendum will appear, and a list of
22all taxes levied in the affected townships, to every registered
23voter in each township affected. The notice shall be mailed at
24least 30 days before the date of the election in which the
25referendum will appear.

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1 (60 ILCS 1/29-15 new)
2 Sec. 29-15. Referendum for cessation of township. Upon the
3adoption of resolutions under Section 29-5 by both the township
4and municipality, the township board and corporate authorities
5of the municipality shall certify the question to the election
6authority and the authority shall cause to be submitted to the
7voters of the township and municipality at the next election a
8referendum to discontinue the township and to transfer all the
9rights, powers, duties, assets, property, liabilities,
10obligations, and responsibilities of the township to the
11municipality. The referendum shall be substantially in the
12following form:
13 Shall the township of (name of township) Township
14 cease?
15 The votes shall be recorded as "Yes" or "No". The
16referendum is approved when a majority of the voters, in both
17the township and municipality, approve the referendum.
18 If the referendum is approved there shall be no further
19nominations or elections for clerks, assessors, collectors,
20highway commissioners, supervisors, or trustees of the
21township or highway commission, and the terms of all such
22officers currently serving shall continue until the third
23Monday of May of the year of the consolidated election in which
24township officials are elected next following the approval of a
25referendum under this Section.

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1 (60 ILCS 1/29-20 new)
2 Sec. 29-20. Cessation of township. On the third Monday in
3May in the year of the consolidated election in which township
4officials are elected next following the approval of a
5referendum under Section 29-15:
6 (1) the township is discontinued and abolished and all
7 the rights, powers, duties, assets, property, liabilities,
8 obligations, and responsibilities of the township shall
9 vest in and be assumed by the municipality, including the
10 authority to levy property taxes for township purposes in
11 the same manner as the dissolved township without an
12 additional ordinance, resolution, or referendum;
13 (2) all township officers shall cease to hold office;
14 (3) the municipality shall exercise all duties and
15 responsibilities of the township officers as provided in
16 the Township Code, the Illinois Public Aid Code, the
17 Property Tax Code, and the Illinois Highway Code, as
18 applicable. The municipality may enter into an
19 intergovernmental agreement with the county or the State to
20 administer the duties and responsibilities of the township
21 officers for services under its jurisdiction; and
22 (4) any road district located within the township is
23 abolished and its jurisdiction, rights, powers, duties,
24 assets, property, liabilities, obligations, and
25 responsibilities shall vest in and be assumed by the

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1 municipality and the highway commissioner of the abolished
2 road district shall cease to hold office. The corporate
3 authorities of the municipality shall: exercise the taxing
4 authority of a road district abolished under this Section;
5 exercise all duties and responsibilities of the highway
6 commissioner as provided in the Illinois Highway Code; and
7 for purposes of distribution of revenue, assume the powers,
8 duties, and obligations of the road district in the
9 discontinued township. The corporate authorities of a
10 municipality may enter into an intergovernmental agreement
11 or a contract with the county, another municipality, or a
12 private contractor to administer the roads which were under
13 the jurisdiction of the abolished road district.
14 (60 ILCS 1/29-25 new)
15 Sec. 29-25. Business, records, and property of
16discontinued township. The records of a township discontinued
17under this Article shall be deposited in the municipality's
18city clerk's office. The municipality may close up all
19unfinished business of the township and sell and dispose of any
20of the property belonging to the township for benefit of the
21inhabitants of the municipality.
22 (60 ILCS 1/65-20)
23 Sec. 65-20. Road district treasurer; new township;
24multi-township officers.

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1 (a) Compensation of township officers shall be set by the
2township board at least 180 days before the beginning of the
3terms of officers, including compensation of the road district
4treasurer, which shall be not less than $100 or more than
5$1,000 per year. Compensation of a township assessor and
6collector shall be set at the same time as the compensation of
7the township supervisor. Compensation of a multi-township
8assessor shall be set at least 150 days before his or her
9election.
10 (b) The compensation to be paid to each officer in a new
11township established under Section 10-25 shall be determined
12under this Section by the township board of the township the
13whole or a part of which comprises the new township and that
14has the highest equalized assessed valuation (as of December
1531, 1972) of the old townships that comprise the new township.
16 (c) At least 150 days before the election of multi-township
17officers, the multi-township board may establish additional
18pay of those board members for their services in an amount not
19to exceed $25 per day for each day of services.
20 (d) For the first term of a township consolidated or merged
21under Article 22 or 23, compensation for township officers of
22the consolidated or merged township shall be set by the
23Transition Township Board no later than the first day in April
24before the consolidated election at which the township officers
25are to be elected.
26(Source: P.A. 90-210, eff. 7-25-97.)

SB0003 Engrossed- 32 -LRB100 06370 AWJ 16409 b
1 Section 25. The Illinois Highway Code is amended by
2changing Section 6-130 and by adding Section 6-130.5 as
3follows:
4 (605 ILCS 5/6-130) (from Ch. 121, par. 6-130)
5 Sec. 6-130. Mandatory and permissive road district
6abolishment.
7 (a) Notwithstanding any other provision of this Act to the
8contrary, no township road district may continue in existence
9if the roads forming a part of the district do not exceed a
10total of 4 miles in length as determined by the county engineer
11or county superintendent of highways. For purposes of this
12Section, the roads forming a part of a township road district
13include those roads maintained by the district, regardless of
14whether or not those roads are owned by the township. On the
15first Tuesday in April of 1975, or of any subsequent year next
16succeeding the reduction of a township road system to a total
17mileage of 4 miles or less, each such township road district
18shall, by operation of law, be abolished. The roads comprising
19that district at that time shall thereafter be administered by
20the township board of trustees by contracting with the county,
21a municipality or a private contractor. The township board of
22trustees shall assume all taxing authority of a township road
23district abolished under this Section.
24 (b) Notwithstanding any provision of law to the contrary, a

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1township road district may be abolished as provided in Section
26-130.5 of this Act, if the roads forming part of the district
3are less than a total of 15 miles in length.
4(Source: P.A. 94-884, eff. 6-20-06.)
5 (605 ILCS 5/6-130.5 new)
6 Sec. 6-130.5. Abolishing a road district with less than 15
7miles of roads.
8 (a) Any township may abolish a road district of that
9township if the roads of the district of that township are less
10than 15 miles in length, as determined by the county engineer
11or county superintendent of highways, by resolution of a
12majority of the board of trustees to submit a referendum to
13abolish the road district of that township. The referendum
14shall be submitted to the electors of that township at the next
15general election or consolidated election in accordance with
16the general election law. The ballot shall be in substantially
17the following form:
18--------
19 Shall the Road District of the Township of
20........... be abolished with all the rights,YES
21powers, duties, assets, property, liabilities,
22obligations, and responsibilities being assumed --------
23by the Township of ........... ?NO
24--------
25 (b) If a majority of the electors voting on the referendum

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1under subsection (a) of this Section are in favor of abolishing
2the township road district, then the road district is abolished
3on the January 1 following the approval of the resolution or
4referendum.
5 On the date of abolishment: all the rights, powers, duties,
6assets, property, liabilities, obligations, and
7responsibilities of the road district shall by operation of law
8vest in and be assumed by the township; the township board of
9trustees shall assume all taxing authority of a road district
10abolished under this Section; any highway commissioner of the
11abolished road district shall cease to hold office; the
12township shall exercise all duties and responsibilities of the
13highway commissioner as provided in the Illinois Highway Code;
14and for purposes of distribution of revenue, the township shall
15assume the powers, duties, and obligations of the road
16district. The township board of trustees may enter into a
17contract with the county, a municipality, or a private
18contractor to administer the roads added to its jurisdiction
19under this Section.
20 Section 99. Effective date. This Act takes effect January
211, 2018.

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1 INDEX
2 Statutes amended in order of appearance
3 10 ILCS 5/3-7 new
4 10 ILCS 5/28-1from Ch. 46, par. 28-1
5 55 ILCS 5/Div. 2-4 heading
6 55 ILCS 5/2-4006
7 55 ILCS 5/5-44010
8 55 ILCS 5/5-44020
9 55 ILCS 5/5-44043 new
10 60 ILCS 1/10-25
11 60 ILCS 1/Art. 22 heading
12 new
13 60 ILCS 1/22-5 new
14 60 ILCS 1/22-10 new
15 60 ILCS 1/22-15 new
16 60 ILCS 1/22-20 new
17 60 ILCS 1/Art. 23 heading
18 new
19 60 ILCS 1/23-5 new
20 60 ILCS 1/23-10 new
21 60 ILCS 1/23-15 new
22 60 ILCS 1/23-20 new
23 60 ILCS 1/23-25 new
24 60 ILCS 1/25-15
25 60 ILCS 1/25-25

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