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.


LRB102 13027 AWJ 18370 b

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

 

 

A BILL FOR

 

HB2994LRB102 13027 AWJ 18370 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 Township Code is amended by changing
5Sections 29-5, 29-10, 29-15, 29-20, and 29-25 as follows:
 
6    (60 ILCS 1/29-5)
7    Sec. 29-5. Resolutions to discontinue and abolish a
8township. The county board or township board and the corporate
9authorities of a coterminous, or substantially coterminous,
10municipality may by resolutions of the county board or
11township board and corporate authorities, and after referendum
12of the voters of the county or township and municipality, as
13applicable: (1) discontinue and abolish the township; (2)
14transfer all the rights, powers, duties, assets, property,
15liabilities, obligations, and responsibilities of the township
16to the county or the municipality, as applicable; and (3)
17cease and dissolve all township road districts with the
18district's jurisdiction and authority transferred to the
19county or municipality, as applicable upon the dissolution of
20the township.
21(Source: P.A. 100-107, eff. 1-1-18.)
 
22    (60 ILCS 1/29-10)

 

 

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1    Sec. 29-10. Notice.
2    (a) Before passing resolutions under Section 29-5, the
3township board and the corporate authorities of the
4municipality or the county board shall hold public hearings on
5those matters after notice of the hearing has been published
6on the main page of the respective entities' websites, if any,
7and in a newspaper having general circulation in the township
8and municipality or the county. The notice shall be published
9at least 30 days before the date of the hearing.
10    (b) Before a referendum is placed on the ballot under
11Section 29-15, each township board shall publish a copy of the
12resolution adopted under Section 29-5 on the main page of the
13respective entities' websites, if any, and in a newspaper of
14general circulation in the township and municipality or county
15affected. The notice shall be published at least 30 days
16before the date of the general election in which the
17referendum will appear.
18    Each township board shall additionally mail a copy of the
19adopted resolution, along with a copy of the referendum
20language, the date the referendum will appear, and a list of
21all taxes levied in the affected townships, to every
22registered voter in each township affected. The notice shall
23be mailed at least 30 days before the date of the election in
24which the referendum will appear.
25(Source: P.A. 100-107, eff. 1-1-18.)
 

 

 

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1    (60 ILCS 1/29-15)
2    Sec. 29-15. Referendum for cessation of township. Upon the
3adoption of resolutions under Section 29-5 by both the
4township and municipality, the township board and corporate
5authorities of the municipality shall certify the question to
6the election authority and the authority shall cause to be
7submitted to the voters of the township and municipality at
8the next election a referendum to discontinue the township and
9to transfer all the rights, powers, duties, assets, property,
10liabilities, obligations, and responsibilities of the township
11to the municipality or the county, as applicable. The
12referendum shall be substantially in the following form:
13        Shall the Township of (name of township) cease?
14    The votes shall be recorded as "Yes" or "No". If the
15municipality is the consolidating entity, the The referendum
16is approved when a majority of the voters, in both the township
17and municipality, approve the referendum. If the county is the
18consolidating entity, the referendum is approved when the
19majority of voters in both the township and the county at large
20approve the referendum.
21    If the referendum is approved, there shall be no further
22nominations or elections for clerks, assessors, collectors,
23highway commissioners, supervisors, or trustees of the
24township or highway commission, and the terms of all such
25officers currently serving shall continue until the third
26Monday of May of the year of the consolidated election in which

 

 

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1township officials are elected next following the approval of
2a referendum under this Section.
3(Source: P.A. 100-107, eff. 1-1-18.)
 
4    (60 ILCS 1/29-20)
5    Sec. 29-20. Cessation of township. On the third Monday in
6May in the year of the consolidated election in which township
7officials are elected next following the approval of a
8referendum under Section 29-15:
9        (1) the township is discontinued and abolished and all
10    the rights, powers, duties, assets, property, liabilities,
11    obligations, and responsibilities of the township shall
12    vest in and be assumed by the municipality or the county,
13    including the authority to levy property taxes for
14    township purposes in the same manner as the dissolved
15    township without an additional ordinance, resolution, or
16    referendum;
17        (2) all township officers shall cease to hold office;
18        (3) the municipality or the county shall exercise all
19    duties and responsibilities of the township officers as
20    provided in the Township Code, the Illinois Public Aid
21    Code, the Property Tax Code, and the Illinois Highway
22    Code, as applicable. If the municipality is the
23    consolidating entity, the The municipality may enter into
24    an intergovernmental agreement with the county or the
25    State to administer the duties and responsibilities of the

 

 

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1    township officers for services under its jurisdiction and,
2    if the county is the consolidating entity, the county may
3    enter into an intergovernmental agreement with the
4    municipality or the State to administer the duties and
5    responsibilities of the township officers for service
6    under its jurisdiction; and
7        (4) any road district located within the township is
8    abolished and its jurisdiction, rights, powers, duties,
9    assets, property, liabilities, obligations, and
10    responsibilities shall vest in and be assumed by the
11    municipality or the county and the highway commissioner of
12    the abolished road district shall cease to hold office.
13    The corporate authorities of the municipality or the
14    county, as applicable shall: exercise the taxing authority
15    of a road district abolished under this Section; exercise
16    all duties and responsibilities of the highway
17    commissioner as provided in the Illinois Highway Code; and
18    for purposes of distribution of revenue, assume the
19    powers, duties, and obligations of the road district in
20    the discontinued township. If the municipality is the
21    consolidating entity, the The corporate authorities of a
22    municipality may enter into an intergovernmental agreement
23    or a contract with the county, another municipality, or a
24    private contractor to administer the roads which were
25    under the jurisdiction of the abolished road district. If
26    the county is the consolidating entity, the county board

 

 

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1    may enter into an intergovernmental agreement or a
2    contract with a municipality or a private contractor to
3    administer the roads which were under the jurisdiction of
4    the abolished road district.
5(Source: P.A. 100-107, eff. 1-1-18.)
 
6    (60 ILCS 1/29-25)
7    Sec. 29-25. Business, records, and property of
8discontinued township. The records of a township discontinued
9under this Article and consolidated by the municipality shall
10be deposited in the municipality's city clerk's office. The
11records of a township discontinued under this Article and
12consolidated by the county shall be deposited in the county
13clerk's office. The municipality or the county may close up
14all unfinished business of the township and sell and dispose
15of any of the property belonging to the township for benefit of
16the inhabitants of the municipality or the county, as
17applicable.
18(Source: P.A. 100-107, eff. 1-1-18.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.