HB2994 102ND GENERAL ASSEMBLY

LRB102 13027 AWJ 18370 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2994

Introduced 2/19/2021, by Rep. Tim Butler

SYNOPSIS AS INTRODUCED:

60 ILCS 1/29-5
60 ILCS 1/29-10
60 ILCS 1/29-15
60 ILCS 1/29-20
60 ILCS 1/29-25

Amends the Discontinuance of Township within Coterminous Municipality Division of the Township Code. In provisions allowing a township to discontinue and consolidate with a coterminous, or substantially coterminous, municipally, allows a county to initiate discontinuance of the township with the county taking control of the former township's operations. Makes 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 5. The Township Code is amended by changing Sections 29-5, 29-10, 29-15, 29-20, and 29-25 as follows:

(60 ILCS 1/29-5)

Sec. 29-5. Resolutions to discontinue and abolish a township. The county board or township board and the corporate authorities of a coterminous, or substantially coterminous, municipality may by resolutions of the county board or township board and corporate authorities, and after referendum of the voters of the county or township and municipality, as applicable: (1) discontinue and abolish the township; (2) transfer all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of the township to the county or the municipality, as applicable; and (3) cease and dissolve all township road districts with the district's jurisdiction and authority transferred to the county or municipality, as applicable upon the dissolution of the township.

(Source: P.A. 100-107, eff. 1-1-18.)

(60 ILCS 1/29-10)

Sec. 29-10. Notice.

(a) Before passing resolutions under Section 29-5, the township board and the corporate authorities of the municipality or the county board shall hold public hearings on those matters after notice of the hearing has been published on the main page of the respective entities' websites, if any, and in a newspaper having general circulation in the township and municipality or the county. The notice shall be published at least 30 days before the date of the hearing.

(b) Before a referendum is placed on the ballot under Section 29-15, each township board shall publish a copy of the resolution adopted under Section 29-5 on the main page of the respective entities' websites, if any, and in a newspaper of general circulation in the township and municipality or county affected. The notice shall be published at least 30 days before the date of the general election in which the referendum will appear.

Each township board shall additionally mail a copy of the adopted resolution, along with a copy of the referendum language, the date the referendum will appear, and a list of all taxes levied in the affected townships, to every registered voter in each township affected. The notice shall be mailed at least 30 days before the date of the election in which the referendum will appear.

(Source: P.A. 100-107, eff. 1-1-18.)

(60 ILCS 1/29-15)

Sec. 29-15. Referendum for cessation of township. Upon the adoption of resolutions under Section 29-5 by both the township and municipality, the township board and corporate authorities of the municipality shall certify the question to the election authority and the authority shall cause to be submitted to the voters of the township and municipality at the next election a referendum to discontinue the township and to transfer all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of the township to the municipality or the county, as applicable. The referendum shall be substantially in the following form:

Shall the Township of (name of township) cease?

The votes shall be recorded as "Yes" or "No". If the municipality is the consolidating entity, the The referendum is approved when a majority of the voters, in both the township and municipality, approve the referendum. If the county is the consolidating entity, the referendum is approved when the majority of voters in both the township and the county at large approve the referendum.

If the referendum is approved, there shall be no further nominations or elections for clerks, assessors, collectors, highway commissioners, supervisors, or trustees of the township or highway commission, and the terms of all such officers currently serving shall continue until the third Monday of May of the year of the consolidated election in which township officials are elected next following the approval of a referendum under this Section.

(Source: P.A. 100-107, eff. 1-1-18.)

(60 ILCS 1/29-20)

Sec. 29-20. Cessation of township. On the third Monday in May in the year of the consolidated election in which township officials are elected next following the approval of a referendum under Section 29-15:

(1) the township is discontinued and abolished and all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of the township shall vest in and be assumed by the municipality or the county, including the authority to levy property taxes for township purposes in the same manner as the dissolved township without an additional ordinance, resolution, or referendum;

(2) all township officers shall cease to hold office;

(3) the municipality or the county shall exercise all duties and responsibilities of the township officers as provided in the Township Code, the Illinois Public Aid Code, the Property Tax Code, and the Illinois Highway Code, as applicable. If the municipality is the consolidating entity, the The municipality may enter into an intergovernmental agreement with the county or the State to administer the duties and responsibilities of the township officers for services under its jurisdiction and, if the county is the consolidating entity, the county may enter into an intergovernmental agreement with the municipality or the State to administer the duties and responsibilities of the township officers for service under its jurisdiction; and

(4) any road district located within the township is abolished and its jurisdiction, rights, powers, duties, assets, property, liabilities, obligations, and responsibilities shall vest in and be assumed by the municipality or the county and the highway commissioner of the abolished road district shall cease to hold office. The corporate authorities of the municipality or the county, as applicable shall: exercise the taxing authority of a road district abolished under this Section; exercise all duties and responsibilities of the highway commissioner as provided in the Illinois Highway Code; and for purposes of distribution of revenue, assume the powers, duties, and obligations of the road district in the discontinued township. If the municipality is the consolidating entity, the The corporate authorities of a municipality may enter into an intergovernmental agreement or a contract with the county, another municipality, or a private contractor to administer the roads which were under the jurisdiction of the abolished road district. If the county is the consolidating entity, the county board may enter into an intergovernmental agreement or a contract with a municipality or a private contractor to administer the roads which were under the jurisdiction of the abolished road district.

(Source: P.A. 100-107, eff. 1-1-18.)

(60 ILCS 1/29-25)

Sec. 29-25. Business, records, and property of discontinued township. The records of a township discontinued under this Article and consolidated by the municipality shall be deposited in the municipality's city clerk's office. The records of a township discontinued under this Article and consolidated by the county shall be deposited in the county clerk's office. The municipality or the county may close up all unfinished business of the township and sell and dispose of any of the property belonging to the township for benefit of the inhabitants of the municipality or the county, as applicable.

(Source: P.A. 100-107, eff. 1-1-18.)

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