Illinois General Assembly - Full Text of HB4637
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Full Text of HB4637  100th General Assembly



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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



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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
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



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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
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)




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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
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
10    (60 ILCS 1/24-15 new)
11    Sec. 24-15. Dissolving a township in McHenry County. By
12resolution, the board of trustees of any township located in
13McHenry County may submit a proposition to dissolve the
14township to the electors of that township at the election next
15following in accordance with the general election law. The
16ballot shall be as provided for in Section 24-30.
17    (60 ILCS 1/24-20 new)
18    Sec. 24-20. Petition requirements; notice.
19    (a) Subject to the petition requirements of Section 28-3 of
20the Election Code, petitions for a referendum to dissolve a
21township located in McHenry County must be filed with the
22governing board of the township, the county board of McHenry
23County, and the McHenry County Clerk not less than 122 days



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1prior to any election held throughout the township. Petitions
2must include:
3        (1) the name of the dissolving township;
4        (2) the date of dissolution; and
5        (3) signatures of a number of electors equal to or
6    greater than 5% of the total votes cast in the township in
7    the preceding election that is of an election type
8    comparable to the election for which the petition is being
9    filed; all signatures gathered under this paragraph (3)
10    must be signed within 365 days prior to the filing of a
11    petition.
12    (b) The proposed date of dissolution shall be at least 90
13days after the date of the election at which the referendum is
14to be voted upon.
15    (c) If a valid petition is filed under subsection (a), then
16the McHenry County Clerk shall, by publication in one or more
17newspapers of general circulation within the county, not less
18than 90 days prior to the election at which the referendum is
19to be voted on, give notice in substantially the following
21    NOTICE OF PETITION TO DISSOLVE (dissolving township).
22    Residents of (dissolving township) and McHenry County are
23    notified that a petition has been filed with (dissolving
24    township) and McHenry County requesting a referendum to
25    dissolve (dissolving township) on (date of dissolution)



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1    with all real and personal property, and any other assets,
2    together with all personnel, contractual obligations, and
3    liabilities being transferred to McHenry County.
4    (60 ILCS 1/24-25 new)
5    Sec. 24-25. Ballot placement. A petition that meets the
6requirements of Section 24-20 shall be placed on the ballot in
7the form provided for in Section 24-30 at the election next
9    (60 ILCS 1/24-30 new)
10    Sec. 24-30. Referendum; voting.
11    (a) Subject to the requirements of Section 16-7 of the
12Election Code, the referendum described in Section 24-25 shall
13be in substantially the following form on the ballot:
15    Shall the (dissolving                     YES
16township) be dissolved on (date
17of dissolution) with all of              --------------
18its property, assets, personnel,
19obligations, and liabilities being            NO
20transferred to McHenry County?
22    (b) The referendum is approved when a majority of those
23voting in the election from the dissolving township approve the



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1    (60 ILCS 1/24-35 new)
2    Sec. 24-35. Dissolution; transfer of rights and duties.
3When the dissolution of a township has been approved under
4Section 24-30:
5        (1) On or before the date of dissolution, all real and
6    personal property, and any other assets, together with all
7    personnel, contractual obligations, and liabilities of the
8    dissolving township shall be transferred to McHenry
9    County. All township funds of the dissolved township shall
10    be used solely on behalf of the residents of the geographic
11    area within the boundaries of the dissolved township.
12        (2) On the date of dissolution, the dissolving township
13    is dissolved.
14        (3) On and after the date of dissolution, all rights
15    and duties of the dissolved township may be exercised by
16    the governing board of the receiving unit of local
17    government solely on behalf of the residents of the
18    geographic area within the boundaries of the dissolved
19    township.
20        (4) The governing board of the receiving unit of local
21    government shall not extend a property tax levy that is
22    greater than 90% of the property tax levy extended by the
23    dissolved township for the duties taken on by the receiving
24    unit of local government. This property tax levy may not be
25    extended outside the boundaries of the dissolved township.



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1    In all subsequent years, this levy shall be bound by the
2    provisions of the Property Tax Extension Limitation Law.
3        (5) All road districts wholly within the boundaries of
4    the dissolving township are dissolved on the date of
5    dissolution of the dissolving township, and all powers and
6    responsibilities of each road district are transferred to
7    McHenry County except as provided in paragraph (6).
8        (6) The county board of McHenry County shall give
9    written notice to each municipality whose governing board
10    meets within the boundaries of a dissolving township that
11    the municipality may make an offer, on or before 60 days
12    after the date of dissolution of the dissolving township,
13    that the municipality will assume all of the powers and
14    responsibilities of a road district or road districts
15    wholly inside the dissolving township. The notice shall be
16    sent to each municipality on or before 30 days after the
17    date of dissolution of the township. Any eligible
18    municipality may, with consent of its governing board, make
19    an offer to assume all of the powers and responsibilities
20    of the dissolving township's road district or road
21    districts. A municipality may offer to assume the powers
22    and responsibilities only for a limited period of time. If
23    one or more offers are received by McHenry County on or
24    before 60 days after the date of dissolution of the
25    dissolving township, the county board of McHenry County
26    shall select the best offer or offers that the board



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1    determines would be in the best interest and welfare of the
2    affected resident population. If no municipality makes an
3    offer, the powers and duties of the dissolving township's
4    road district or road districts are retained by McHenry
5    County. The receiving unit of local government that assumes
6    the powers and duties of the dissolving township's road
7    district or road districts shall not extend a road district
8    property tax levy under Division 5 of Article 6 of the
9    Illinois Highway Code that is greater than 90% of the road
10    district property tax levy that was extended by the county
11    on behalf of the dissolving township's road district or
12    road districts for the duties taken on by the receiving
13    unit of local government.
14    Section 20. The Illinois Highway Code is amended by adding
15Section 6-140 as follows:
16    (605 ILCS 5/6-140 new)
17    Sec. 6-140. Abolishing a road district within Lake County
18or McHenry County with less than 15 miles of roads. Any
19township in Lake County or McHenry County shall abolish a road
20district of that township if the roads of the road district are
21less than 15 centerline miles in length, as determined by the
22county engineer or county superintendent of highways. A road
23district is abolished on the expiration of the term of office
24of the highway commissioner of the road district facing



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1abolition following the determination by the county engineer or
2county superintendent of highways of the length, in centerline
3mileage, of the roads within the road district to be abolished.
4    On the date of abolishment: all the rights, powers, duties,
5assets, property, liabilities, obligations, and
6responsibilities of the road district shall by operation of law
7vest in and be assumed by the township; the township board of
8trustees shall assume all taxing authority of a road district
9abolished under this Section; the township shall exercise all
10duties and responsibilities of the highway commissioner as
11provided in this Code; and for purposes of distribution of
12revenue, the township shall assume the powers, duties, and
13obligations of the road district. The township board of
14trustees may enter into a contract with the county, a
15municipality, or a private contractor to administer the roads
16added to its jurisdiction under this Section.
17    Section 99. Effective date. This Act takes effect upon
18becoming law.