HB4244 100TH GENERAL ASSEMBLY

LRB100 17130 AWJ 32366 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4244

Introduced , by Rep. David McSweeney

SYNOPSIS AS INTRODUCED:

10 ILCS 5/28-7	from Ch. 46, par. 28-7
55 ILCS 5/5-1184 new
60 ILCS 1/Art. 24 heading new
60 ILCS 1/24-5 new
60 ILCS 1/24-10 new
60 ILCS 1/24-15 new
60 ILCS 1/24-20 new
60 ILCS 1/24-25 new
60 ILCS 1/24-30 new

Amends the Township Code. Provides that township electors in McHenry County may petition for a referendum at the next election to dissolve a township. Sets forth the requirements for the petition, together with the form and requirements for the ballot referendum to approve the dissolution. Provides for the transfer to McHenry County of all real and personal property, and any other assets, together with all personnel, contractual obligations, and liabilities of the dissolving township. Provides that all road districts wholly within the boundaries of the dissolving township are dissolved on the date of dissolution of the dissolving township and the powers and responsibilities of the road district are transferred to McHenry County. Provides that municipalities within the dissolving township may elect to assume the duties and responsibilities of the road district or road districts. Amends the Election Code and Counties Code making conforming changes. Effective immediately.

FISCAL NOTE ACT MAY APPLY

HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

A BILL FOR

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 McHenry 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 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 Division 2-5 of the Counties Code or Article 24 of the Township Code the "County Executive Act".

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. 97-81, eff. 7-5-11; revised 9-22-17.)

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 McHenry County. If a township in McHenry County dissolves as provided in Article 24 of the Township Code, McHenry 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 MCHENRY COUNTY

(60 ILCS 1/24-5 new)

Sec. 24-5. Scope. The method of dissolution of a township in McHenry 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 McHenry County.

(60 ILCS 1/24-15 new)

Sec. 24-15. 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 McHenry County must be filed with the governing board of the township, the county board of McHenry County, and the McHenry County Clerk not less than 122 days prior to any election held throughout the township. Petitions 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 McHenry 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 McHenry County are notified that a petition has been filed with (dissolving township) and McHenry County requesting a referendum to dissolve (dissolving township) on (date of dissolution) with all real and personal property, and any other assets, together with all personnel, contractual obligations, and liabilities being transferred to McHenry County.

(60 ILCS 1/24-20 new)

Sec. 24-20. Ballot placement. A petition that meets the requirements of Section 24-15 shall be placed on the ballot in the form provided for in Section 24-25 at the election next following.

(60 ILCS 1/24-25 new)

Sec. 24-25. Referendum; voting.

(a) Subject to the requirements of Section 16-7 of the Election Code, the referendum described in Section 24-20 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 McHenry County? -------------------------------------------------------------

(b) The referendum is approved when a majority of those voting in the election from the dissolving township approve the referendum.

(60 ILCS 1/24-30 new)

Sec. 24-30. Dissolution; transfer of rights and duties. When the dissolution of a township has been approved under Section 24-25:

(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 shall be transferred to McHenry County.

(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 governing board of the receiving unit of local government.

(4) 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 McHenry County except as provided in paragraph (5).

(5) The county board of McHenry 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 McHenry County on or before 60 days after the date of dissolution of the dissolving township, the county board of McHenry 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 McHenry County.

Section 99. Effective date. This Act takes effect upon becoming law.