101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1567

 

Introduced 2/15/2019, by Sen. Craig Wilcox

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Township Code. Provides that the board of trustees of any township located in McHenry County may submit a proposition to dissolve the township to the township electors or township electors may petition for a referendum to dissolve a township. Provides for the transfer of property, assets, personnel, contractual obligations, and liabilities of the dissolving township to McHenry County. Provides that all road districts wholly within the boundaries of the dissolving township are dissolved on the date of dissolution of the dissolving township and the powers and responsibilities of the road district are transferred to McHenry County. Provides that municipalities within the dissolving township may elect to assume the duties and responsibilities of the dissolving road district or road districts. Limits extensions of specified property tax levies to 90% of the original property tax levy and within the boundaries of the dissolved township. Amends the Election Code, Motor Fuel Tax Law, and Counties Code making conforming changes. Amends the Illinois Highway Code. Provides that any township in Lake County or McHenry County shall abolish a road district of that township if the roads of the road district are less than 15 miles in length. Provides that the township board of trustees may enter into a contract with the county, a municipality, or a private contractor to administer the roads added to its jurisdiction. Effective immediately.


LRB101 07831 AWJ 52883 b

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

 

 

A BILL FOR

 

SB1567LRB101 07831 AWJ 52883 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 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
21secretaries.
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.
2    Referenda provided for in this Section may not be held more
3than once in any 23-month period on the same proposition,
4provided that in any municipality a referendum to elect not to
5be a home rule unit may be held only once within any 47-month
6period.
7(Source: P.A. 100-863, eff. 8-14-18.)
 
8    Section 10. The Motor Fuel Tax Law is amended by changing
9Section 8 as follows:
 
10    (35 ILCS 505/8)  (from Ch. 120, par. 424)
11    Sec. 8. Except as provided in Section 8a, subdivision
12(h)(1) of Section 12a, Section 13a.6, and items 13, 14, 15, and
1316 of Section 15, all money received by the Department under
14this Act, including payments made to the Department by member
15jurisdictions participating in the International Fuel Tax
16Agreement, shall be deposited in a special fund in the State
17treasury, to be known as the "Motor Fuel Tax Fund", and shall
18be used as follows:
19    (a) 2 1/2 cents per gallon of the tax collected on special
20fuel under paragraph (b) of Section 2 and Section 13a of this
21Act shall be transferred to the State Construction Account Fund
22in the State Treasury;
23    (b) $420,000 shall be transferred each month to the State
24Boating Act Fund to be used by the Department of Natural

 

 

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1Resources for the purposes specified in Article X of the Boat
2Registration and Safety Act;
3    (c) $3,500,000 shall be transferred each month to the Grade
4Crossing Protection Fund to be used as follows: not less than
5$12,000,000 each fiscal year shall be used for the construction
6or reconstruction of rail highway grade separation structures;
7$2,250,000 in fiscal years 2004 through 2009 and $3,000,000 in
8fiscal year 2010 and each fiscal year thereafter shall be
9transferred to the Transportation Regulatory Fund and shall be
10accounted for as part of the rail carrier portion of such funds
11and shall be used to pay the cost of administration of the
12Illinois Commerce Commission's railroad safety program in
13connection with its duties under subsection (3) of Section
1418c-7401 of the Illinois Vehicle Code, with the remainder to be
15used by the Department of Transportation upon order of the
16Illinois Commerce Commission, to pay that part of the cost
17apportioned by such Commission to the State to cover the
18interest of the public in the use of highways, roads, streets,
19or pedestrian walkways in the county highway system, township
20and district road system, or municipal street system as defined
21in the Illinois Highway Code, as the same may from time to time
22be amended, for separation of grades, for installation,
23construction or reconstruction of crossing protection or
24reconstruction, alteration, relocation including construction
25or improvement of any existing highway necessary for access to
26property or improvement of any grade crossing and grade

 

 

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1crossing surface including the necessary highway approaches
2thereto of any railroad across the highway or public road, or
3for the installation, construction, reconstruction, or
4maintenance of a pedestrian walkway over or under a railroad
5right-of-way, as provided for in and in accordance with Section
618c-7401 of the Illinois Vehicle Code. The Commission may order
7up to $2,000,000 per year in Grade Crossing Protection Fund
8moneys for the improvement of grade crossing surfaces and up to
9$300,000 per year for the maintenance and renewal of 4-quadrant
10gate vehicle detection systems located at non-high speed rail
11grade crossings. The Commission shall not order more than
12$2,000,000 per year in Grade Crossing Protection Fund moneys
13for pedestrian walkways. In entering orders for projects for
14which payments from the Grade Crossing Protection Fund will be
15made, the Commission shall account for expenditures authorized
16by the orders on a cash rather than an accrual basis. For
17purposes of this requirement an "accrual basis" assumes that
18the total cost of the project is expended in the fiscal year in
19which the order is entered, while a "cash basis" allocates the
20cost of the project among fiscal years as expenditures are
21actually made. To meet the requirements of this subsection, the
22Illinois Commerce Commission shall develop annual and 5-year
23project plans of rail crossing capital improvements that will
24be paid for with moneys from the Grade Crossing Protection
25Fund. The annual project plan shall identify projects for the
26succeeding fiscal year and the 5-year project plan shall

 

 

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1identify projects for the 5 directly succeeding fiscal years.
2The Commission shall submit the annual and 5-year project plans
3for this Fund to the Governor, the President of the Senate, the
4Senate Minority Leader, the Speaker of the House of
5Representatives, and the Minority Leader of the House of
6Representatives on the first Wednesday in April of each year;
7    (d) of the amount remaining after allocations provided for
8in subsections (a), (b) and (c), a sufficient amount shall be
9reserved to pay all of the following:
10        (1) the costs of the Department of Revenue in
11    administering this Act;
12        (2) the costs of the Department of Transportation in
13    performing its duties imposed by the Illinois Highway Code
14    for supervising the use of motor fuel tax funds apportioned
15    to municipalities, counties and road districts;
16        (3) refunds provided for in Section 13, refunds for
17    overpayment of decal fees paid under Section 13a.4 of this
18    Act, and refunds provided for under the terms of the
19    International Fuel Tax Agreement referenced in Section
20    14a;
21        (4) from October 1, 1985 until June 30, 1994, the
22    administration of the Vehicle Emissions Inspection Law,
23    which amount shall be certified monthly by the
24    Environmental Protection Agency to the State Comptroller
25    and shall promptly be transferred by the State Comptroller
26    and Treasurer from the Motor Fuel Tax Fund to the Vehicle

 

 

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1    Inspection Fund, and for the period July 1, 1994 through
2    June 30, 2000, one-twelfth of $25,000,000 each month, for
3    the period July 1, 2000 through June 30, 2003, one-twelfth
4    of $30,000,000 each month, and $15,000,000 on July 1, 2003,
5    and $15,000,000 on January 1, 2004, and $15,000,000 on each
6    July 1 and October 1, or as soon thereafter as may be
7    practical, during the period July 1, 2004 through June 30,
8    2012, and $30,000,000 on June 1, 2013, or as soon
9    thereafter as may be practical, and $15,000,000 on July 1
10    and October 1, or as soon thereafter as may be practical,
11    during the period of July 1, 2013 through June 30, 2015,
12    for the administration of the Vehicle Emissions Inspection
13    Law of 2005, to be transferred by the State Comptroller and
14    Treasurer from the Motor Fuel Tax Fund into the Vehicle
15    Inspection Fund;
16        (5) amounts ordered paid by the Court of Claims; and
17        (6) payment of motor fuel use taxes due to member
18    jurisdictions under the terms of the International Fuel Tax
19    Agreement. The Department shall certify these amounts to
20    the Comptroller by the 15th day of each month; the
21    Comptroller shall cause orders to be drawn for such
22    amounts, and the Treasurer shall administer those amounts
23    on or before the last day of each month;
24    (e) after allocations for the purposes set forth in
25subsections (a), (b), (c) and (d), the remaining amount shall
26be apportioned as follows:

 

 

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1        (1) Until January 1, 2000, 58.4%, and beginning January
2    1, 2000, 45.6% shall be deposited as follows:
3            (A) 37% into the State Construction Account Fund,
4        and
5            (B) 63% into the Road Fund, $1,250,000 of which
6        shall be reserved each month for the Department of
7        Transportation to be used in accordance with the
8        provisions of Sections 6-901 through 6-906 of the
9        Illinois Highway Code;
10        (2) Until January 1, 2000, 41.6%, and beginning January
11    1, 2000, 54.4% shall be transferred to the Department of
12    Transportation to be distributed as follows:
13            (A) 49.10% to the municipalities of the State,
14            (B) 16.74% to the counties of the State having
15        1,000,000 or more inhabitants,
16            (C) 18.27% to the counties of the State having less
17        than 1,000,000 inhabitants,
18            (D) 15.89% to the road districts of the State.
19    As soon as may be after the first day of each month the
20Department of Transportation shall allot to each municipality
21its share of the amount apportioned to the several
22municipalities which shall be in proportion to the population
23of such municipalities as determined by the last preceding
24municipal census if conducted by the Federal Government or
25Federal census. If territory is annexed to any municipality
26subsequent to the time of the last preceding census the

 

 

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1corporate authorities of such municipality may cause a census
2to be taken of such annexed territory and the population so
3ascertained for such territory shall be added to the population
4of the municipality as determined by the last preceding census
5for the purpose of determining the allotment for that
6municipality. If the population of any municipality was not
7determined by the last Federal census preceding any
8apportionment, the apportionment to such municipality shall be
9in accordance with any census taken by such municipality. Any
10municipal census used in accordance with this Section shall be
11certified to the Department of Transportation by the clerk of
12such municipality, and the accuracy thereof shall be subject to
13approval of the Department which may make such corrections as
14it ascertains to be necessary.
15    As soon as may be after the first day of each month the
16Department of Transportation shall allot to each county its
17share of the amount apportioned to the several counties of the
18State as herein provided. Each allotment to the several
19counties having less than 1,000,000 inhabitants shall be in
20proportion to the amount of motor vehicle license fees received
21from the residents of such counties, respectively, during the
22preceding calendar year. The Secretary of State shall, on or
23before April 15 of each year, transmit to the Department of
24Transportation a full and complete report showing the amount of
25motor vehicle license fees received from the residents of each
26county, respectively, during the preceding calendar year. The

 

 

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1Department of Transportation shall, each month, use for
2allotment purposes the last such report received from the
3Secretary of State.
4    As soon as may be after the first day of each month, the
5Department of Transportation shall allot to the several
6counties their share of the amount apportioned for the use of
7road districts. The allotment shall be apportioned among the
8several counties in the State in the proportion which the total
9mileage of township or district roads in the respective
10counties bears to the total mileage of all township and
11district roads in the State. Funds allotted to the respective
12counties for the use of road districts therein shall be
13allocated to the several road districts in the county in the
14proportion which the total mileage of such township or district
15roads in the respective road districts bears to the total
16mileage of all such township or district roads in the county.
17After July 1 of any year prior to 2011, no allocation shall be
18made for any road district unless it levied a tax for road and
19bridge purposes in an amount which will require the extension
20of such tax against the taxable property in any such road
21district at a rate of not less than either .08% of the value
22thereof, based upon the assessment for the year immediately
23prior to the year in which such tax was levied and as equalized
24by the Department of Revenue or, in DuPage County, an amount
25equal to or greater than $12,000 per mile of road under the
26jurisdiction of the road district, whichever is less. Beginning

 

 

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1July 1, 2011 and each July 1 thereafter, an allocation shall be
2made for any road district if it levied a tax for road and
3bridge purposes. In counties other than DuPage County, if the
4amount of the tax levy requires the extension of the tax
5against the taxable property in the road district at a rate
6that is less than 0.08% of the value thereof, based upon the
7assessment for the year immediately prior to the year in which
8the tax was levied and as equalized by the Department of
9Revenue, then the amount of the allocation for that road
10district shall be a percentage of the maximum allocation equal
11to the percentage obtained by dividing the rate extended by the
12district by 0.08%. In DuPage County, if the amount of the tax
13levy requires the extension of the tax against the taxable
14property in the road district at a rate that is less than the
15lesser of (i) 0.08% of the value of the taxable property in the
16road district, based upon the assessment for the year
17immediately prior to the year in which such tax was levied and
18as equalized by the Department of Revenue, or (ii) a rate that
19will yield an amount equal to $12,000 per mile of road under
20the jurisdiction of the road district, then the amount of the
21allocation for the road district shall be a percentage of the
22maximum allocation equal to the percentage obtained by dividing
23the rate extended by the district by the lesser of (i) 0.08% or
24(ii) the rate that will yield an amount equal to $12,000 per
25mile of road under the jurisdiction of the road district.
26    Prior to 2011, if any road district has levied a special

 

 

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1tax for road purposes pursuant to Sections 6-601, 6-602 and
26-603 of the Illinois Highway Code, and such tax was levied in
3an amount which would require extension at a rate of not less
4than .08% of the value of the taxable property thereof, as
5equalized or assessed by the Department of Revenue, or, in
6DuPage County, an amount equal to or greater than $12,000 per
7mile of road under the jurisdiction of the road district,
8whichever is less, such levy shall, however, be deemed a proper
9compliance with this Section and shall qualify such road
10district for an allotment under this Section. Beginning in 2011
11and thereafter, if any road district has levied a special tax
12for road purposes under Sections 6-601, 6-602, and 6-603 of the
13Illinois Highway Code, and the tax was levied in an amount that
14would require extension at a rate of not less than 0.08% of the
15value of the taxable property of that road district, as
16equalized or assessed by the Department of Revenue or, in
17DuPage County, an amount equal to or greater than $12,000 per
18mile of road under the jurisdiction of the road district,
19whichever is less, that levy shall be deemed a proper
20compliance with this Section and shall qualify such road
21district for a full, rather than proportionate, allotment under
22this Section. If the levy for the special tax is less than
230.08% of the value of the taxable property, or, in DuPage
24County if the levy for the special tax is less than the lesser
25of (i) 0.08% or (ii) $12,000 per mile of road under the
26jurisdiction of the road district, and if the levy for the

 

 

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1special tax is more than any other levy for road and bridge
2purposes, then the levy for the special tax qualifies the road
3district for a proportionate, rather than full, allotment under
4this Section. If the levy for the special tax is equal to or
5less than any other levy for road and bridge purposes, then any
6allotment under this Section shall be determined by the other
7levy for road and bridge purposes.
8    Prior to 2011, if a township has transferred to the road
9and bridge fund money which, when added to the amount of any
10tax levy of the road district would be the equivalent of a tax
11levy requiring extension at a rate of at least .08%, or, in
12DuPage County, an amount equal to or greater than $12,000 per
13mile of road under the jurisdiction of the road district,
14whichever is less, such transfer, together with any such tax
15levy, shall be deemed a proper compliance with this Section and
16shall qualify the road district for an allotment under this
17Section.
18    In counties in which a property tax extension limitation is
19imposed under the Property Tax Extension Limitation Law, road
20districts may retain their entitlement to a motor fuel tax
21allotment or, beginning in 2011, their entitlement to a full
22allotment if, at the time the property tax extension limitation
23was imposed, the road district was levying a road and bridge
24tax at a rate sufficient to entitle it to a motor fuel tax
25allotment and continues to levy the maximum allowable amount
26after the imposition of the property tax extension limitation.

 

 

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1Any road district may in all circumstances retain its
2entitlement to a motor fuel tax allotment or, beginning in
32011, its entitlement to a full allotment if it levied a road
4and bridge tax in an amount that will require the extension of
5the tax against the taxable property in the road district at a
6rate of not less than 0.08% of the assessed value of the
7property, based upon the assessment for the year immediately
8preceding the year in which the tax was levied and as equalized
9by the Department of Revenue or, in DuPage County, an amount
10equal to or greater than $12,000 per mile of road under the
11jurisdiction of the road district, whichever is less.
12    As used in this Section the term "road district" means any
13road district, including a county unit road district, provided
14for by the Illinois Highway Code; and the term "township or
15district road" means any road in the township and district road
16system as defined in the Illinois Highway Code. For the
17purposes of this Section, "township or district road" also
18includes such roads as are maintained by park districts, forest
19preserve districts and conservation districts. The Department
20of Transportation shall determine the mileage of all township
21and district roads for the purposes of making allotments and
22allocations of motor fuel tax funds for use in road districts.
23    Payment of motor fuel tax moneys to municipalities and
24counties shall be made as soon as possible after the allotment
25is made. The treasurer of the municipality or county may invest
26these funds until their use is required and the interest earned

 

 

SB1567- 15 -LRB101 07831 AWJ 52883 b

1by these investments shall be limited to the same uses as the
2principal funds.
3    If a township is dissolved under Article 24 of the Township
4Code, the county in which the township lies shall receive any
5moneys that would have been distributed to the township under
6this subsection, except that a municipality that assumes the
7powers and responsibilities of a road district under paragraph
8(6) of Section 24-35 of the Township Code shall receive any
9moneys that would have been distributed to the township in a
10percent equal to the area of the dissolved road district or
11portion of the dissolved road district over which the
12municipality assumed the powers and responsibilities compared
13to the total area of the dissolved township.
14(Source: P.A. 97-72, eff. 7-1-11; 97-333, eff. 8-12-11; 98-24,
15eff. 6-19-13; 98-674, eff. 6-30-14.)
 
16    Section 15. The Counties Code is amended by adding Section
175-1184 as follows:
 
18    (55 ILCS 5/5-1184 new)
19    Sec. 5-1184. Dissolution of townships in McHenry County. If
20a township in McHenry County dissolves as provided in Article
2124 of the Township Code, McHenry County shall assume the
22powers, duties, and obligations of each dissolved township as
23provided in Article 24 of the Township Code.
 

 

 

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1    Section 20. The Township Code is amended by adding Article
224 as follows:
 
3    (60 ILCS 1/Art. 24 heading new)
4
ARTICLE 24. DISSOLUTION OF
5
TOWNSHIPS IN MCHENRY COUNTY

 
6    (60 ILCS 1/24-5 new)
7    Sec. 24-5. Scope. The method of dissolution of a township
8in McHenry County under this Article shall be in addition to
9any other method of dissolving a township provided by law or
10otherwise.
 
11    (60 ILCS 1/24-10 new)
12    Sec. 24-10. Definition. As used in this Article, "electors"
13means the registered voters of any single township in McHenry
14County.
 
15    (60 ILCS 1/24-15 new)
16    Sec. 24-15. Dissolving a township in McHenry County. By
17resolution, the board of trustees of any township located in
18McHenry County may submit a proposition to dissolve the
19township to the electors of that township at the election next
20following in accordance with the general election law. The
21ballot shall be as provided for in Section 24-30.
 

 

 

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1    (60 ILCS 1/24-20 new)
2    Sec. 24-20. Petition requirements; notice.
3    (a) Subject to the petition requirements of Section 28-3 of
4the Election Code, petitions for a referendum to dissolve a
5township located in McHenry County must be filed with the
6governing board of the township, the county board of McHenry
7County, and the McHenry County Clerk not less than 122 days
8prior to any election held throughout the township. Petitions
9must include:
10        (1) the name of the dissolving township;
11        (2) the date of dissolution; and
12        (3) signatures of a number of electors equal to or
13    greater than 5% of the total ballots cast in the township
14    in the preceding township election; all signatures
15    gathered under this paragraph (3) must be signed within 90
16    days prior to the filing of a petition.
17    (b) The proposed date of dissolution shall be at least 90
18days after the date of the election at which the referendum is
19to be voted upon.
20    (c) If a valid petition is filed under subsection (a), then
21the McHenry County Clerk shall, by publication in one or more
22newspapers of general circulation within the county, not less
23than 90 days prior to the election at which the referendum is
24to be voted on, give notice in substantially the following
25form:
 

 

 

SB1567- 18 -LRB101 07831 AWJ 52883 b

1    NOTICE OF PETITION TO DISSOLVE (dissolving township).
2    Residents of (dissolving township) and McHenry County are
3    notified that a petition has been filed with (dissolving
4    township) and McHenry County requesting a referendum to
5    dissolve (dissolving township) on (date of dissolution)
6    with all real and personal property, and any other assets,
7    together with all personnel, contractual obligations, and
8    liabilities being transferred to McHenry County.
 
9    (60 ILCS 1/24-25 new)
10    Sec. 24-25. Ballot placement. A petition that meets the
11requirements of Section 24-20 shall be placed on the ballot in
12the form provided for in Section 24-30 at the election next
13following.
 
14    (60 ILCS 1/24-30 new)
15    Sec. 24-30. Referendum; voting.
16    (a) Subject to the requirements of Section 16-7 of the
17Election Code, the referendum described in Section 24-25 shall
18be in substantially the following form on the ballot:
19-
20    Shall the (dissolving                    YES
21township) together with any
22road districts wholly
23within the boundaries of
24(dissolving township)

 

 

SB1567- 19 -LRB101 07831 AWJ 52883 b

1be dissolved on (date                      --------------
2of dissolution) with all of
3the township and road district
4property, assets, personnel,
5obligations, and liabilities being            NO
6transferred to McHenry County?
7-------------------------------------------------------------
8    (b) The referendum is approved when a majority of those
9voting in the election from the dissolving township approve the
10referendum.
 
11    (60 ILCS 1/24-35 new)
12    Sec. 24-35. Dissolution; transfer of rights and duties.
13When the dissolution of a township has been approved under
14Section 24-30:
15        (1) On or before the date of dissolution, all real and
16    personal property, and any other assets, together with all
17    personnel, contractual obligations, and liabilities of the
18    dissolving township and road districts wholly within the
19    boundaries of the dissolving township shall be transferred
20    to McHenry County. All funds of the dissolved township and
21    dissolved road districts shall be used solely on behalf of
22    the residents of the geographic area within the boundaries
23    of the dissolved township.
24        After the transfer of property to the county under this
25    paragraph: all park land, cemetery land, buildings, and

 

 

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1    facilities within the geographic area of the dissolving
2    township must be utilized for the primary benefit of the
3    geographic area of the dissolving township; and any
4    proceeds from the sale of the park land, cemetery land,
5    buildings, or facilities after transfer to the county must
6    be utilized for the sole benefit of the geographic area of
7    the dissolving township.
8        (2) On the date of dissolution, the dissolving township
9    is dissolved.
10        (3) On and after the date of dissolution, all rights
11    and duties of the dissolved township may be exercised by
12    the McHenry County Board solely on behalf of the residents
13    of the geographic area within the boundaries of the
14    dissolved township. The duties that may be exercised by the
15    county include, but are not limited to, the administration
16    of a dissolved township's general assistance program and
17    the Chief County Assessment Officer of McHenry County
18    exercising the duties of the township assessor.
19        (4) The McHenry County Board shall not extend a
20    property tax levy that is greater than 90% of the property
21    tax levy extended by the dissolved township or road
22    districts for the duties taken on by McHenry County. This
23    property tax levy may not be extended outside the
24    boundaries of the dissolved township. In all subsequent
25    years, this levy shall be bound by the provisions of the
26    Property Tax Extension Limitation Law. A tax levy extended

 

 

SB1567- 21 -LRB101 07831 AWJ 52883 b

1    under this paragraph may be used for the purposes allowed
2    by the statute authorizing the tax levy or to pay
3    liabilities of the dissolved township or road districts
4    that were transferred to the county under paragraph (1).
5    The taxpayers within the boundaries of the dissolving
6    township are responsible to pay the liabilities
7    transferred to the county under paragraph (1).
8        (5) All road districts wholly within the boundaries of
9    the dissolving township are dissolved on the date of
10    dissolution of the dissolving township, and all powers and
11    responsibilities of each road district are transferred to
12    McHenry County except as provided in paragraph (6).
13        (6) The county board of McHenry County shall give
14    written notice to each municipality whose governing board
15    meets within the boundaries of a dissolving township that
16    the municipality may make an offer, on or before 60 days
17    after the date of dissolution of the dissolving township,
18    that the municipality will assume all of the powers and
19    responsibilities of a road district or road districts
20    wholly inside the dissolving township. The notice shall be
21    sent to each municipality on or before 30 days after the
22    date of dissolution of the township. Any eligible
23    municipality may, with consent of its governing board, make
24    an offer to assume all of the powers and responsibilities
25    of the dissolving township's road district or road
26    districts. A municipality may offer to assume the powers

 

 

SB1567- 22 -LRB101 07831 AWJ 52883 b

1    and responsibilities only for a limited period of time. If
2    one or more offers are received by McHenry County on or
3    before 60 days after the date of dissolution of the
4    dissolving township, the county board of McHenry County
5    shall select the best offer or offers that the board
6    determines would be in the best interest and welfare of the
7    affected resident population. If no municipality makes an
8    offer, the powers and duties of the dissolving township's
9    road district or road districts are retained by McHenry
10    County. The municipality that assumes the powers and duties
11    of the dissolving township's road district or road
12    districts shall not extend a road district property tax
13    levy under Division 5 of Article 6 of the Illinois Highway
14    Code that is greater than 90% of the road district property
15    tax levy that was extended by the county on behalf of the
16    dissolving township's road district or road districts for
17    the duties taken on by the municipality.
18        (7) On the date of dissolution of the township or road
19    district, elected and appointed township officers and road
20    commissioners shall cease to hold office. An elected or
21    appointed township official or township road commissioner
22    shall not be compensated for any duties performed after the
23    dissolution of the township or road district that they
24    represented. An elected township official or township road
25    commissioner shall not have legal recourse upon the
26    elimination of his or her elected or appointed position.
 

 

 

SB1567- 23 -LRB101 07831 AWJ 52883 b

1    Section 25. The Illinois Highway Code is amended by adding
2Section 6-140 as follows:
 
3    (605 ILCS 5/6-140 new)
4    Sec. 6-140. Abolishing a road district within Lake County
5or McHenry County with less than 15 miles of roads. Any
6township in Lake County or McHenry County shall abolish a road
7district of that township if the roads of the road district are
8less than 15 centerline miles in length, as determined by the
9county engineer or county superintendent of highways. A road
10district is abolished on the expiration of the term of office
11of the highway commissioner of the road district facing
12abolition following the determination by the county engineer or
13county superintendent of highways of the length, in centerline
14mileage, of the roads within the road district to be abolished.
15    On the date of abolition: all the rights, powers, duties,
16assets, property, liabilities, obligations, and
17responsibilities of the road district shall by operation of law
18vest in and be assumed by the township; the township board of
19trustees shall assume all taxing authority of a road district
20abolished under this Section and shall exercise all duties and
21responsibilities of the highway commissioner as provided in
22this Code; and for purposes of distribution of revenue, the
23township shall assume the powers, duties, and obligations of
24the road district. The township board of trustees may enter

 

 

SB1567- 24 -LRB101 07831 AWJ 52883 b

1into a contract with the county, a municipality, or a private
2contractor to administer the roads added to its jurisdiction
3under this Section.
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.

 

 

SB1567- 25 -LRB101 07831 AWJ 52883 b

1 INDEX
2 Statutes amended in order of appearance
3    10 ILCS 5/28-7from Ch. 46, par. 28-7
4    35 ILCS 505/8from Ch. 120, par. 424
5    55 ILCS 5/5-1184 new
6    60 ILCS 1/Art. 24 heading
7    new
8    60 ILCS 1/24-5 new
9    60 ILCS 1/24-10 new
10    60 ILCS 1/24-15 new
11    60 ILCS 1/24-20 new
12    60 ILCS 1/24-25 new
13    60 ILCS 1/24-30 new
14    60 ILCS 1/24-35 new
15    605 ILCS 5/6-140 new