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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.


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60 ILCS 1/Art. 23

 
    (60 ILCS 1/Art. 23 heading)
ARTICLE 23. MERGER OF A SINGLE TOWNSHIP
INTO 2 OTHER TOWNSHIPS
(Source: P.A. 100-107, eff. 1-1-18.)

60 ILCS 1/23-5

    (60 ILCS 1/23-5)
    Sec. 23-5. Definitions. As used in this Article:
    "Dissolving road district" means a road district in a dissolving township, which is dissolved under subsection (c) of Section 23-25.
    "Dissolving township" means a township which is proposed to be dissolved into and be merged with 2 other adjacent townships.
    "Equalized assessed value" has the meaning provided in Section 18-213 of the Property Tax Code.
    "Debt" means indebtedness incurred by a dissolving township including, but not limited to, mortgages, judgments, and moneys due through the issuance and sale of bonds, or through an equivalent manner of borrowing for which notes or other evidences of indebtedness are issued fixing the amount of principal and interest from time to time payable to retire the indebtedness.
    "Receiving township" means a township into which a portion of the dissolving township will be merged.
(Source: P.A. 100-107, eff. 1-1-18.)

60 ILCS 1/23-10

    (60 ILCS 1/23-10)
    Sec. 23-10. Resolution for merger; notice.
    (a) Notwithstanding any other provision of law to the contrary, the township boards of any 3 adjacent townships may, by identical resolutions of each board, propose that a township which borders the other 2 townships be dissolved by referendum and all rights, powers, duties, assets, and property, together with all personnel, contractual obligations, other obligations, responsibilities, and liabilities of the dissolving township transferred to the receiving townships. Each resolution shall include, but is not limited to, the following:
        (1) a legal description of the former territory of
    
the dissolving township each receiving township will take upon the dissolution of the dissolving township;
        (2) a description of how all assets and property,
    
together with all personnel, contractual obligations, other obligations, responsibilities, and liabilities of the dissolving township will be transferred to the receiving townships;
        (3) the tax rates for general township purposes for
    
the immediately preceding levy year, as extended and collected in the year in which the resolution is adopted, for the dissolving township and each receiving township;
        (4) a description and amount of all debt each
    
receiving township shall assume after the dissolving township dissolves. The debt shall be assumed by each receiving township in equal proportion to the equalized assessed value of the land and property that will be received by each receiving township from the dissolving township unless otherwise agreed to in the resolutions;
        (5) a description of how each road district or road
    
districts of a dissolving township shall comply with subsection (c) of Section 23-25; and
        (6) the date of the general election at which the
    
referendum shall be held.
    All resolutions shall be passed not less than 79 days before the general election stated in the resolutions.
    (b) Before passing a resolution under this Section, each township board shall hold a public hearing on those matters after notice of the hearing has been published on the main page of the townships' websites, if any, and in a newspaper having a general circulation in the townships affected. The notice shall be published at least 30 days before the date of the hearing. The notice shall contain, at a minimum, the name of the dissolving township and receiving townships and a description of the area each receiving township will receive from the dissolving township.
(Source: P.A. 100-107, eff. 1-1-18.)

60 ILCS 1/23-15

    (60 ILCS 1/23-15)
    Sec. 23-15. Referendum and notices.
    (a) Upon the adoption of resolutions under Section 23-10 by all townships, the township boards shall certify the question to the election authority and the authority shall cause to be submitted to the voters of all townships at the general election specified in the resolutions a referendum to consolidate the townships. The referendum shall be substantially in the following form:
        Shall (name of dissolving township) be dissolved into
    
(names of receiving townships)?
    The votes shall be recorded as "Yes" or "No".
    The referendum is approved when a majority of the voters, in each of the affected townships, approve the referendum.
    (b) Before a referendum appears on the ballot under subsection (a), the township boards shall publish a copy of the adopted resolution on the main page of the townships' websites, if any, and in a newspaper having a general circulation in each of the townships affected. The notice shall be published at least 30 days before the date of the general election.
    Each township board shall additionally mail a copy of the adopted resolution, along with a copy of the referendum language and a list of all taxes levied for general township purposes 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 general election in which the referendum will appear.
    (c) Notwithstanding any provision of law to the contrary, no tax rate may be extended for any fund of the consolidated district for the first levy year of the consolidated district that exceeds any statutory maximum set forth for that fund, unless the referendum also conforms to the requirements of the Property Tax Extension Limitation Law or other statutory provision setting forth that limitation.
(Source: P.A. 100-107, eff. 1-1-18.)

60 ILCS 1/23-20

    (60 ILCS 1/23-20)
    Sec. 23-20. Transition.
    (a) Notwithstanding any other provision of law to the contrary, upon the approval of a referendum under Section 23-15:
        (1) there shall be no further nominations or
    
elections for clerks, assessors, collectors, highway commissioners, supervisors, or trustees of the dissolving township or highway commissions and the terms of all such officers currently serving shall continue until the third Monday of May of the year in which township officials are elected following the approval of a referendum under Section 23-15;
        (2) a Transition Township Board is formed for each
    
receiving township. Each Transition Township Board shall be composed of the members of the dissolving township boards plus the members of the receiving township board. The Transition Township Board shall only have authority to do the following under paragraphs (3) and (4) of this Section: provide for the compensation for all receiving township officials that will be elected at the consolidated election next following the approval of a referendum under Section 23-15; and approving additional debt to be taken on by the dissolving township;
        (3) each Transition Township Board shall hold a
    
public meeting no later than the first Tuesday in April before the receiving townships' boards of trustees are elected at the consolidated election next following the approval of a referendum under Section 23-15. At this public meeting, the Transition Township Board shall provide for the compensation for all township officials that will be elected at the consolidated election. If the Board cannot agree on the compensation for an official, then the compensation for the same office between the receiving and dissolving townships shall be the lower compensation for the office in the dissolving township or receiving township;
        (4) the dissolving township shall not incur any
    
additional debt without the approval of the Transition Township Board of each receiving township that would assume such debt after dissolution of the dissolving township; and
        (5) Section 3-7 of the Election Code shall govern
    
those individuals entitled to caucus, vote for, be nominated for, and run for offices for the receiving townships at the consolidated election of township officials next following the approval of a referendum under Section 23-15.
    (b) Upon the approval of a referendum under Section 23-15, the receiving townships may enter into an intergovernmental agreement under the Intergovernmental Cooperation Act for any lawful purpose relating to the land or property contained in the dissolving township after the township is dissolved.
(Source: P.A. 100-107, eff. 1-1-18.)

60 ILCS 1/23-25

    (60 ILCS 1/23-25)
    Sec. 23-25. Merged township. On the third Monday of May of the year in which township officials are elected following the approval of a referendum under Section 23-15, the following shall occur:
        (a) The dissolving township ceases.
        (b) All rights, powers, duties, assets, and
    
property, together with all personnel, contractual obligations, other obligations, responsibilities, and liabilities of the dissolving township are transferred to the receiving townships as provided in the resolution adopted under Section 23-10. The rights include, but are not limited to, the authority to continue to collect and receive any tax levied prior to the creation of the merged townships without an additional ordinance, resolution, or referendum.
        (c) Road districts located within the dissolving
    
township are abolished and all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of the dissolving road districts shall vest in and be assumed by the receiving townships' road districts as provided for in the resolutions adopted under Section 23-10; the boards of trustees of the receiving townships shall exercise the taxing authority of a road district dissolved under this Section and shall exercise all duties and responsibilities of the highway commissioner as provided in the Illinois Highway Code unless a road district in the receiving township has a highway commissioner who shall assume all duties and responsibilities of the highway commissioner of the dissolving road districts if so resolved by the receiving township board; highway commissioners of the dissolving road districts shall cease to hold office on the date the road district is abolished; and for purposes of distribution of revenue, the receiving townships' road districts, or the township board if no road districts exist, shall assume the powers, duties, and obligations of the dissolving road district.
(Source: P.A. 100-107, eff. 1-1-18.)

60 ILCS 1/Art. 24

 
    (60 ILCS 1/Art. 24 heading)
ARTICLE 24. DISSOLUTION OF
TOWNSHIPS IN MCHENRY COUNTY
(Source: P.A. 101-230, eff. 8-9-19.)

60 ILCS 1/24-10

    (60 ILCS 1/24-10)
    Sec. 24-10. Definition. As used in this Article, "electors" means the registered voters of any single township in McHenry County.
(Source: P.A. 101-230, eff. 8-9-19.)

60 ILCS 1/24-15

    (60 ILCS 1/24-15)
    Sec. 24-15. Dissolving a township in McHenry County. By resolution, the board of trustees of any township located in McHenry County may submit a proposition to dissolve the township to the electors of that township at the election next following in accordance with the general election law. The ballot shall be as provided for in Section 24-30.
(Source: P.A. 101-230, eff. 8-9-19.)

60 ILCS 1/24-20

    (60 ILCS 1/24-20)
    Sec. 24-20. Petition requirements; notice.
    (a) Subject to the petition requirements of Section 28-3 of the Election Code, petitions for a referendum to dissolve a township located in McHenry County must be filed with the governing board of the township, the county board of McHenry County, and the McHenry County Clerk not less than 122 days prior to any election held throughout the township. Petitions must include:
        (1) the name of the dissolving township;
        (2) the date of dissolution; and
        (3) signatures of a number of electors as follows:
    
(A) for any township, the number of signatures shall be the larger of (i) 5% of the total ballots cast in the township in the immediately preceding election that is of an election type comparable to the election for which the petition is being filed, or (ii) 250 signatures. All signatures gathered under this paragraph (3) must be signed within 180 days prior to the filing of a petition.
    (b) The proposed date of dissolution shall be at least 90 days after the date of the election at which the referendum is to be voted upon.
    (c) If a valid petition is filed under subsection (a), then the McHenry County Clerk shall, by publication in one or more newspapers of general circulation within the county and on the county's website, not less than 90 days prior to the election at which the referendum is to be voted on, give notice in substantially the following form:
 
    NOTICE OF PETITION TO DISSOLVE (dissolving township).
    Residents of (dissolving township) and McHenry County are
    
notified that a petition has been filed with (dissolving township) and McHenry County requesting a referendum to dissolve (dissolving township) on (date of dissolution) with all real and personal property, and any other assets, together with all personnel, contractual obligations, and liabilities being transferred to McHenry County.
(Source: P.A. 101-230, eff. 8-9-19.)

60 ILCS 1/24-25

    (60 ILCS 1/24-25)
    Sec. 24-25. Ballot placement. A petition that meets the requirements of Section 24-20 shall be placed on the ballot in the form provided for in Section 24-30 at the election next following.
(Source: P.A. 101-230, eff. 8-9-19.)

60 ILCS 1/24-30

    (60 ILCS 1/24-30)
    Sec. 24-30. Referendum; voting.
    (a) Subject to the requirements of Section 16-7 of the Election Code, the referendum described in Section 24-25 shall be in substantially the following form on the ballot:
--------------------------------------------------------------
    Shall the (dissolving
township), together with any road
districts wholly within the                   YES
boundaries of (dissolving
township), be dissolved on (date          --------------
of dissolution) with all of
the township and road district
property, assets, personnel,                   NO
obligations, and liabilities being
transferred to McHenry County?
--------------------------------------------------------------
    (b) The referendum is approved when a majority of those voting in the election from the dissolving township approve the referendum.
(Source: P.A. 101-230, eff. 8-9-19.)

60 ILCS 1/24-35

    (60 ILCS 1/24-35)
    Sec. 24-35. Dissolution; transfer of rights and duties. When the dissolution of a township has been approved under Section 24-30:
        (1) On or before the date of dissolution, all real
    
and personal property, and any other assets, together with all personnel, contractual obligations, and liabilities of the dissolving township and road districts wholly within the boundaries of the dissolving township shall be transferred to McHenry County. All funds of the dissolved township and dissolved road districts shall be used solely on behalf of the residents of the geographic area within the boundaries of the dissolved township.
        After the transfer of property to the county under
    
this paragraph, all park land, cemetery land, buildings, and facilities within the geographic area of the dissolving township must be utilized for the primary benefit of the geographic area of the dissolving township. Proceeds from the sale of the park land, cemetery land, buildings, or facilities after transfer to the county must be utilized for the sole benefit of the geographic area of the dissolved township.
        (2) On the date of dissolution, the dissolving
    
township is dissolved.
        (3) On and after the date of dissolution, all
    
rights and duties of the dissolved township may be exercised by the McHenry County Board solely on behalf of the residents of the geographic area within the boundaries of the dissolved township. The duties that may be exercised by the county include, but are not limited to, the administration of a dissolved township's general assistance program, maintenance and operation of a dissolved township's cemeteries, and the Chief County Assessment officer of McHenry County exercising the duties of the township assessor.
        (4) The McHenry County Board shall not extend a
    
property tax levy that is greater than 90% of the property tax levy extended by the dissolved township or road districts for the duties taken on by McHenry County. This property tax levy may not be extended outside the boundaries of the dissolved township. In all subsequent years, this levy shall be bound by the provisions of the Property Tax Extension Limitation Law.
        A tax levy extended under this paragraph may be used
    
for the purposes allowed by the statute authorizing the tax levy or to pay liabilities of the dissolved township or dissolved road districts that were transferred to the county under paragraph (1). The taxpayers within the boundaries of the dissolved township are responsible to pay any liabilities transferred to the county: the county shall reduce spending within the boundaries of the former township in the amount necessary to pay off any liabilities transferred to the county under paragraph (1) that are not covered by the assets enumerated in paragraph (1) or taxes under this paragraph.
        (5) All road districts wholly within the boundaries
    
of the dissolving township are dissolved on the date of dissolution of the dissolving township, and all powers and responsibilities of each road district are transferred to McHenry County except as provided in paragraph (6).
        (6) The county board of McHenry County shall give
    
written notice to each municipality whose governing board meets within the boundaries of a dissolving township that the municipality may make an offer, on or before 60 days after the date of dissolution of the dissolving township, that the municipality will assume all of the powers and responsibilities of a road district or road districts wholly inside the dissolving township. The notice shall be sent to each municipality on or before 30 days after the date of dissolution of the township. Any eligible municipality may, with consent of its governing board, make an offer to assume all of the powers and responsibilities of the dissolving township's road district or road districts. A municipality may offer to assume the powers and responsibilities only for a limited period of time. If one or more offers are received by McHenry County on or before 60 days after the date of dissolution of the dissolving township, the county board of McHenry County shall select the best offer or offers that the board determines would be in the best interest and welfare of the affected resident population. If no municipality makes an offer or if no satisfactory offer is made, the powers and duties of the dissolving township's road district or road districts are retained by McHenry County. The municipality that assumes the powers and duties of the dissolving township's road district or road districts shall not extend a road district property tax levy under Division 5 of Article 6 of the Illinois Highway Code that is greater than 90% of the road district property tax levy that was extended by the county on behalf of the dissolving township's road district or road districts for the duties taken on by the municipality.
        (7) On the date of dissolution of the township or
    
road district, elected and appointed township officers and road commissioners shall cease to hold office. An elected or appointed township official or township road commissioner shall not be compensated for any other duties performed after the dissolution of the township or road district that they represented. An elected township official or township road commissioner shall not have legal recourse relating to the ceasing of their elected or appointed positions upon the ceasing of their position.
(Source: P.A. 101-230, eff. 8-9-19.)