Full Text of HB2994 102nd General Assembly
HB2994 102ND GENERAL ASSEMBLY |
| | 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 | |
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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.
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| | FISCAL NOTE ACT MAY APPLY | | HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY |
| | A BILL FOR |
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| | | HB2994 | | LRB102 13027 AWJ 18370 b |
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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 5. The Township Code is amended by changing | 5 | | Sections 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 | 8 | | township. The county board or township board and the corporate | 9 | | authorities of a coterminous, or substantially coterminous, | 10 | | municipality may by resolutions of the county board or | 11 | | township board and corporate authorities, and after referendum | 12 | | of the voters of the county or township and municipality , as | 13 | | applicable : (1) discontinue and abolish the township; (2) | 14 | | transfer all the rights, powers, duties, assets, property, | 15 | | liabilities, obligations, and responsibilities of the township | 16 | | to the county or the municipality , as applicable ; and (3) | 17 | | cease and dissolve all township road districts with the | 18 | | district's jurisdiction and authority transferred to the | 19 | | county or municipality , as applicable upon the dissolution of | 20 | | the 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 | 3 | | township board and the corporate authorities of the | 4 | | municipality or the county board shall hold public hearings on | 5 | | those matters after notice of the hearing has been published | 6 | | on the main page of the respective entities' websites, if any, | 7 | | and in a newspaper having general circulation in the township | 8 | | and municipality or the county . The notice shall be published | 9 | | at least 30 days before the date of the hearing. | 10 | | (b) Before a referendum is placed on the ballot under | 11 | | Section 29-15, each township board shall publish a copy of the | 12 | | resolution adopted under Section 29-5 on the main page of the | 13 | | respective entities' websites, if any, and in a newspaper of | 14 | | general circulation in the township and municipality or county | 15 | | affected. The notice shall be published at least 30 days | 16 | | before the date of the general election in which the | 17 | | referendum will appear. | 18 | | Each township board shall additionally mail a copy of the | 19 | | adopted resolution, along with a copy of the referendum | 20 | | language, the date the referendum will appear, and a list of | 21 | | all taxes levied in the affected townships, to every | 22 | | registered voter in each township affected. The notice shall | 23 | | be mailed at least 30 days before the date of the election in | 24 | | which 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 | 3 | | adoption of resolutions under Section 29-5 by both the | 4 | | township and municipality, the township board and corporate | 5 | | authorities of the municipality shall certify the question to | 6 | | the election authority and the authority shall cause to be | 7 | | submitted to the voters of the township and municipality at | 8 | | the next election a referendum to discontinue the township and | 9 | | to transfer all the rights, powers, duties, assets, property, | 10 | | liabilities, obligations, and responsibilities of the township | 11 | | to the municipality or the county, as applicable . The | 12 | | referendum 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 | 15 | | municipality is the consolidating entity, the The referendum | 16 | | is approved when a majority of the voters, in both the township | 17 | | and municipality, approve the referendum. If the county is the | 18 | | consolidating entity, the referendum is approved when the | 19 | | majority of voters in both the township and the county at large | 20 | | approve the referendum. | 21 | | If the referendum is approved, there shall be no further | 22 | | nominations or elections for clerks, assessors, collectors, | 23 | | highway commissioners, supervisors, or trustees of the | 24 | | township or highway commission, and the terms of all such | 25 | | officers currently serving shall continue until the third | 26 | | Monday of May of the year of the consolidated election in which |
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| 1 | | township officials are elected next following the approval of | 2 | | a 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 | 6 | | May in the year of the consolidated election in which township | 7 | | officials are elected next following the approval of a | 8 | | referendum 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 | 8 | | discontinued township. The records of a township discontinued | 9 | | under this Article and consolidated by the municipality shall | 10 | | be deposited in the municipality's city clerk's office. The | 11 | | records of a township discontinued under this Article and | 12 | | consolidated by the county shall be deposited in the county | 13 | | clerk's office. The municipality or the county may close up | 14 | | all unfinished business of the township and sell and dispose | 15 | | of any of the property belonging to the township for benefit of | 16 | | the inhabitants of the municipality or the county, as | 17 | | applicable .
| 18 | | (Source: P.A. 100-107, eff. 1-1-18 .)
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law.
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