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 | |
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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.
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| | FISCAL NOTE ACT MAY APPLY | | HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY |
| | A BILL FOR |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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 | | McHenry 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. | 16 | | Section 5. The Election Code is amended by changing Section | 17 | | 28-7 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 | 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
| 4 | | accordance with this Section.
| 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.
| 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.
| 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 Division 2-5 of |
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| 1 | | the 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 | 4 | | than once
in any 23-month period on the same proposition, | 5 | | provided that in any
municipality a referendum to elect not to | 6 | | be a home rule unit may be held
only once within
any 47-month | 7 | | period.
| 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 | 10 | | 5-1184 as follows: | 11 | | (55 ILCS 5/5-1184 new) | 12 | | Sec. 5-1184. Dissolution of townships in McHenry County. If | 13 | | a township in McHenry County dissolves as provided in Article | 14 | | 24 of the Township Code, McHenry County shall assume the | 15 | | powers, duties, and obligations of each dissolved township as | 16 | | provided in Article 24 of the Township Code. | 17 | | Section 15. The Township Code is amended by adding Article | 18 | | 24 as follows: | 19 | | (60 ILCS 1/Art. 24 heading new) | 20 | | ARTICLE 24. DISSOLUTION OF | 21 | | TOWNSHIPS IN
MCHENRY COUNTY |
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| 1 | | (60 ILCS 1/24-5 new) | 2 | | Sec. 24-5. Scope. The method of dissolution of a township | 3 | | in McHenry County under this Article shall be in addition to | 4 | | any other method of dissolving a township provided by law or | 5 | | otherwise. | 6 | | (60 ILCS 1/24-10 new) | 7 | | Sec. 24-10. Definition. As used in this Article, "electors" | 8 | | means the registered voters of any single township in McHenry | 9 | | County. | 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 | 13 | | the Election Code, petitions for a referendum to dissolve a | 14 | | township located in McHenry County must be filed with the | 15 | | governing board of the township, the county board of McHenry | 16 | | County, and the McHenry County Clerk not less than 122 days | 17 | | prior to any election held throughout the township. Petitions | 18 | | must 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 |
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| 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 | 5 | | days after the date of the election at which the referendum is | 6 | | to be voted upon.
| 7 | | (c) If a valid petition is filed under subsection (a), then | 8 | | the McHenry County Clerk shall, by publication in one or more | 9 | | newspapers of general circulation within the county, not less | 10 | | than 90 days prior to the election at which the referendum is | 11 | | to be voted on, give notice in substantially the following | 12 | | form: | 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 | 23 | | requirements of Section 24-15 shall be placed on the ballot in | 24 | | the form provided for in Section 24-25 at the election next |
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| 1 | | following. | 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 | 5 | | Election Code, the referendum described in Section 24-20 shall | 6 | | be in substantially the following form on the ballot: | 7 | | -
| 8 | | Shall the (dissolving YES
| 9 | | township) be dissolved on (date
| 10 | | of dissolution) with all of --------------
| 11 | | its property, assets, personnel,
| 12 | | obligations, and liabilities being NO
| 13 | | transferred to McHenry County?
| 14 | | ------------------------------------------------------------- | 15 | | (b) The referendum is approved when a majority of those | 16 | | voting in the election from the dissolving township approve the | 17 | | referendum.
| 18 | | (60 ILCS 1/24-30 new) | 19 | | Sec. 24-30. Dissolution; transfer of rights and duties. | 20 | | When the dissolution of a township has been approved under | 21 | | Section 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 |
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| 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 |
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| 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 | 13 | | becoming law.
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