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Full Text of HB4244  100th General Assembly

HB4244 100TH GENERAL ASSEMBLY

  
  

 


 
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.


LRB100 17130 AWJ 32366 b

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

 

 

A BILL FOR

 

HB4244LRB100 17130 AWJ 32366 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 1. Legislative intent. It is the intent of the
5General Assembly that this Act further the intent of Section 5
6of Article VII of the Illinois Constitution, which states, in
7relevant part, that townships "may be consolidated or merged,
8and one or more townships may be dissolved or divided, when
9approved by referendum in each township affected".
10Transferring the powers and duties of one or more dissolved
11McHenry County townships into the county, as the supervising
12unit of local government within which the township or townships
13are situated, will reduce the overall number of local
14governmental units within our State. This reduction is declared
15to be a strong goal of Illinois public policy.
 
16    Section 5. The Election Code is amended by changing Section
1728-7 as follows:
 
18    (10 ILCS 5/28-7)  (from Ch. 46, par. 28-7)
19    Sec. 28-7. Except as provided in Article 24 of the Township
20Code, in In any case in which Article VII or paragraph (a) of
21Section 5 of the Transition Schedule of the Constitution
22authorizes any action to be taken by or with respect to any

 

 

HB4244- 2 -LRB100 17130 AWJ 32366 b

1unit of local government, as defined in Section 1 of Article
2VII of the Constitution, by or subject to approval by
3referendum, any such public question shall be initiated in
4accordance with this Section.
5    Any such public question may be initiated by the governing
6body of the unit of local government by resolution or by the
7filing with the clerk or secretary of the governmental unit of
8a petition signed by a number of qualified electors equal to or
9greater than at least 8% of the total votes cast for candidates
10for Governor in the preceding gubernatorial election,
11requesting the submission of the proposal for such action to
12the voters of the governmental unit at a regular election.
13    If the action to be taken requires a referendum involving 2
14or more units of local government, the proposal shall be
15submitted to the voters of such governmental units by the
16election authorities with jurisdiction over the territory of
17the governmental units. Such multi-unit proposals may be
18initiated by appropriate resolutions by the respective
19governing bodies or by petitions of the voters of the several
20governmental units filed with the respective clerks or
21secretaries.
22    This Section is intended to provide a method of submission
23to referendum in all cases of proposals for actions which are
24authorized by Article VII of the Constitution by or subject to
25approval by referendum and supersedes any conflicting
26statutory provisions except those contained in Division 2-5 of

 

 

HB4244- 3 -LRB100 17130 AWJ 32366 b

1the Counties Code or Article 24 of the Township Code the
2"County Executive Act".
3    Referenda provided for in this Section may not be held more
4than once in any 23-month period on the same proposition,
5provided that in any municipality a referendum to elect not to
6be a home rule unit may be held only once within any 47-month
7period.
8(Source: P.A. 97-81, eff. 7-5-11; revised 9-22-17.)
 
9    Section 10. The Counties Code is amended by adding Section
105-1184 as follows:
 
11    (55 ILCS 5/5-1184 new)
12    Sec. 5-1184. Dissolution of townships in McHenry County. If
13a township in McHenry County dissolves as provided in Article
1424 of the Township Code, McHenry County shall assume the
15powers, duties, and obligations of each dissolved township as
16provided in Article 24 of the Township Code.
 
17    Section 15. The Township Code is amended by adding Article
1824 as follows:
 
19    (60 ILCS 1/Art. 24 heading new)
20
ARTICLE 24. DISSOLUTION OF
21
TOWNSHIPS IN MCHENRY COUNTY

 

 

 

HB4244- 4 -LRB100 17130 AWJ 32366 b

1    (60 ILCS 1/24-5 new)
2    Sec. 24-5. Scope. The method of dissolution of a township
3in McHenry County under this Article shall be in addition to
4any other method of dissolving a township provided by law or
5otherwise.
 
6    (60 ILCS 1/24-10 new)
7    Sec. 24-10. Definition. As used in this Article, "electors"
8means the registered voters of any single township in McHenry
9County.
 
10    (60 ILCS 1/24-15 new)
11    Sec. 24-15. Petition requirements; notice.
12    (a) Subject to the petition requirements of Section 28-3 of
13the Election Code, petitions for a referendum to dissolve a
14township located in McHenry County must be filed with the
15governing board of the township, the county board of McHenry
16County, and the McHenry County Clerk not less than 122 days
17prior to any election held throughout the township. Petitions
18must include:
19        (1) the name of the dissolving township;
20        (2) the date of dissolution; and
21        (3) signatures of a number of electors equal to or
22    greater than 5% of the total votes cast in the township in
23    the preceding election that is of an election type
24    comparable to the election for which the petition is being

 

 

HB4244- 5 -LRB100 17130 AWJ 32366 b

1    filed; all signatures gathered under this paragraph (3)
2    must be signed within 365 days prior to the filing of a
3    petition.
4    (b) The proposed date of dissolution shall be at least 90
5days after the date of the election at which the referendum is
6to be voted upon.
7    (c) If a valid petition is filed under subsection (a), then
8the McHenry County Clerk shall, by publication in one or more
9newspapers of general circulation within the county, not less
10than 90 days prior to the election at which the referendum is
11to be voted on, give notice in substantially the following
12form:
 
13    NOTICE OF PETITION TO DISSOLVE (dissolving township).
14    Residents of (dissolving township) and McHenry County are
15    notified that a petition has been filed with (dissolving
16    township) and McHenry County requesting a referendum to
17    dissolve (dissolving township) on (date of dissolution)
18    with all real and personal property, and any other assets,
19    together with all personnel, contractual obligations, and
20    liabilities being transferred to McHenry County.
 
21    (60 ILCS 1/24-20 new)
22    Sec. 24-20. Ballot placement. A petition that meets the
23requirements of Section 24-15 shall be placed on the ballot in
24the form provided for in Section 24-25 at the election next

 

 

HB4244- 6 -LRB100 17130 AWJ 32366 b

1following.
 
2    (60 ILCS 1/24-25 new)
3    Sec. 24-25. Referendum; voting.
4    (a) Subject to the requirements of Section 16-7 of the
5Election Code, the referendum described in Section 24-20 shall
6be in substantially the following form on the ballot:
7-
8    Shall the (dissolving                     YES
9township) be dissolved on (date
10of dissolution) with all of              --------------
11its property, assets, personnel,
12obligations, and liabilities being            NO
13transferred to McHenry County?
14-------------------------------------------------------------
15    (b) The referendum is approved when a majority of those
16voting in the election from the dissolving township approve the
17referendum.
 
18    (60 ILCS 1/24-30 new)
19    Sec. 24-30. Dissolution; transfer of rights and duties.
20When the dissolution of a township has been approved under
21Section 24-25:
22        (1) On or before the date of dissolution, all real and
23    personal property, and any other assets, together with all
24    personnel, contractual obligations, and liabilities of the

 

 

HB4244- 7 -LRB100 17130 AWJ 32366 b

1    dissolving township shall be transferred to McHenry
2    County.
3        (2) On the date of dissolution, the dissolving township
4    is dissolved.
5        (3) On and after the date of dissolution, all rights
6    and duties of the dissolved township may be exercised by
7    the governing board of the receiving unit of local
8    government.
9        (4) All road districts wholly within the boundaries of
10    the dissolving township are dissolved on the date of
11    dissolution of the dissolving township and all powers and
12    responsibilities of each road district are transferred to
13    McHenry County except as provided in paragraph (5).
14        (5) The county board of McHenry County shall give
15    written notice to each municipality whose governing board
16    meets within the boundaries of a dissolving township that
17    the municipality may make an offer, on or before 60 days
18    after the date of dissolution of the dissolving township,
19    that the municipality will assume all of the powers and
20    responsibilities of a road district or road districts
21    wholly inside the dissolving township. The notice shall be
22    sent to each municipality on or before 30 days after the
23    date of dissolution of the township. Any eligible
24    municipality may, with consent of its governing board, make
25    an offer to assume all of the powers and responsibilities
26    of the dissolving township's road district or road

 

 

HB4244- 8 -LRB100 17130 AWJ 32366 b

1    districts. A municipality may offer to assume the powers
2    and responsibilities only for a limited period of time. If
3    one or more offers are received by McHenry County on or
4    before 60 days after the date of dissolution of the
5    dissolving township, the county board of McHenry County
6    shall select the best offer or offers that the board
7    determines would be in the best interest and welfare of the
8    affected resident population. If no municipality makes an
9    offer, the powers and duties of the dissolving township's
10    road district or road districts are retained by McHenry
11    County.
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.