Full Text of HB4637 100th General Assembly
HB4637ham001 100TH GENERAL ASSEMBLY | Rep. Sam Yingling Filed: 3/22/2018
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| 1 | | AMENDMENT TO HOUSE BILL 4637
| 2 | | AMENDMENT NO. ______. Amend House Bill 4637 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Legislative intent. It is the intent of the | 5 | | General Assembly that this Act further the intent of Section 5 | 6 | | of Article VII of the Illinois Constitution, which states, in | 7 | | relevant part, that townships "may be consolidated or merged, | 8 | | and one or more townships may be dissolved or divided, when | 9 | | approved by referendum in each township affected". | 10 | | Transferring the powers and duties of one or more dissolved | 11 | | McHenry County townships into the county, as the supervising | 12 | | unit of local government within which the township or townships | 13 | | are situated, will reduce the overall number of local | 14 | | governmental units within our State. This reduction is declared | 15 | | to be a strong goal of Illinois public policy. | 16 | | Section 5. The Election Code is amended by changing Section |
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| 1 | | 28-7 as follows:
| 2 | | (10 ILCS 5/28-7) (from Ch. 46, par. 28-7)
| 3 | | Sec. 28-7.
Except as provided in Article 24 of the Township | 4 | | Code, in In any case in which Article VII or paragraph (a) of | 5 | | Section 5 of
the
Transition Schedule of the Constitution | 6 | | authorizes any action to be
taken by or with respect to any | 7 | | unit of local government, as defined in
Section 1 of Article | 8 | | VII of the Constitution, by or subject to approval
by | 9 | | referendum, any such public question shall be initiated in
| 10 | | accordance with this Section.
| 11 | | Any such public question may be initiated by the governing | 12 | | body of the
unit of local government by resolution or by the | 13 | | filing with the clerk or
secretary of the
governmental unit of | 14 | | a petition signed by a number of qualified electors
equal to or | 15 | | greater than at least 8% of the total votes cast for candidates | 16 | | for Governor in the preceding gubernatorial election, | 17 | | requesting the submission of the proposal
for such action to | 18 | | the voters
of the governmental unit at a regular election.
| 19 | | If the action to be taken requires a referendum involving 2 | 20 | | or more
units of local government, the proposal shall be | 21 | | submitted to the voters
of such governmental units by the | 22 | | election authorities with jurisdiction
over the territory of | 23 | | the governmental units. Such multi-unit proposals
may be | 24 | | initiated by appropriate
resolutions by the respective | 25 | | governing bodies or by
petitions of the voters of the several |
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| 1 | | governmental units filed with the
respective clerks or | 2 | | secretaries.
| 3 | | This Section is intended to provide a method of submission | 4 | | to
referendum in all cases of proposals for actions which are | 5 | | authorized by
Article VII of the Constitution by or subject to | 6 | | approval by referendum
and supersedes any conflicting | 7 | | statutory provisions except those
contained in Division 2-5 of | 8 | | the Counties Code or Article 24 of the Township Code the | 9 | | "County Executive
Act" .
| 10 | | Referenda provided for in this Section may not be held more | 11 | | than once
in any 23-month period on the same proposition, | 12 | | provided that in any
municipality a referendum to elect not to | 13 | | be a home rule unit may be held
only once within
any 47-month | 14 | | period.
| 15 | | (Source: P.A. 97-81, eff. 7-5-11; revised 9-22-17.)
| 16 | | Section 10. The Counties Code is amended by adding Section | 17 | | 5-1184 as follows: | 18 | | (55 ILCS 5/5-1184 new) | 19 | | Sec. 5-1184. Dissolution of townships in McHenry County. If | 20 | | a township in McHenry County dissolves as provided in Article | 21 | | 24 of the Township Code, McHenry County shall assume the | 22 | | powers, duties, and obligations of each dissolved township as | 23 | | provided in Article 24 of the Township Code. |
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| 1 | | Section 15. The Township Code is amended by adding Article | 2 | | 24 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 | 8 | | in McHenry County under this Article shall be in addition to | 9 | | any other method of dissolving a township provided by law or | 10 | | otherwise. | 11 | | (60 ILCS 1/24-10 new) | 12 | | Sec. 24-10. Definition. As used in this Article, "electors" | 13 | | means the registered voters of any single township in McHenry | 14 | | County. | 15 | | (60 ILCS 1/24-15 new) | 16 | | Sec. 24-15. Dissolving a township in McHenry County. By | 17 | | resolution, the board of trustees of any township located in | 18 | | McHenry County may submit a proposition to dissolve the | 19 | | township to the electors of that township at the election next | 20 | | following in accordance with the general election law. The | 21 | | ballot 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 | 4 | | the Election Code, petitions for a referendum to dissolve a | 5 | | township located in McHenry County must be filed with the | 6 | | governing board of the township, the county board of McHenry | 7 | | County, and the McHenry County Clerk not less than 122 days | 8 | | prior to any election held throughout the township. Petitions | 9 | | must 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 votes cast in the township in | 14 | | the preceding election that is of an election type | 15 | | comparable to the election for which the petition is being | 16 | | filed; all signatures gathered under this paragraph (3) | 17 | | must be signed within 365 days prior to the filing of a | 18 | | petition.
| 19 | | (b) The proposed date of dissolution shall be at least 90 | 20 | | days after the date of the election at which the referendum is | 21 | | to be voted upon.
| 22 | | (c) If a valid petition is filed under subsection (a), then | 23 | | the McHenry County Clerk shall, by publication in one or more | 24 | | newspapers of general circulation within the county, not less | 25 | | than 90 days prior to the election at which the referendum is | 26 | | to be voted on, give notice in substantially the following |
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| 1 | | form: | 2 | | NOTICE OF PETITION TO DISSOLVE (dissolving township).
| 3 | | Residents of (dissolving township) and McHenry County are | 4 | | notified that a petition has been filed with (dissolving | 5 | | township) and McHenry County requesting a referendum to | 6 | | dissolve (dissolving township) on (date of dissolution) | 7 | | with all real and personal property, and any other assets, | 8 | | together with all personnel, contractual obligations, and | 9 | | liabilities being transferred to McHenry County.
| 10 | | (60 ILCS 1/24-25 new) | 11 | | Sec. 24-25. Ballot placement. A petition that meets the | 12 | | requirements of Section 24-20 shall be placed on the ballot in | 13 | | the form provided for in Section 24-30 at the election next | 14 | | following. | 15 | | (60 ILCS 1/24-30 new) | 16 | | Sec. 24-30. Referendum; voting. | 17 | | (a) Subject to the requirements of Section 16-7 of the | 18 | | Election Code, the referendum described in Section 24-25 shall | 19 | | be in substantially the following form on the ballot: | 20 | | -
| 21 | | Shall the (dissolving YES
| 22 | | township) be dissolved on (date
| 23 | | of dissolution) with all of --------------
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| 1 | | its property, assets, personnel,
| 2 | | obligations, and liabilities being NO
| 3 | | transferred to McHenry County?
| 4 | | ------------------------------------------------------------- | 5 | | (b) The referendum is approved when a majority of those | 6 | | voting in the election from the dissolving township approve the | 7 | | referendum.
| 8 | | (60 ILCS 1/24-35 new) | 9 | | Sec. 24-35. Dissolution; transfer of rights and duties. | 10 | | When the dissolution of a township has been approved under | 11 | | Section 24-30:
| 12 | | (1) On or before the date of dissolution, all real and | 13 | | personal property, and any other assets, together with all | 14 | | personnel, contractual obligations, and liabilities of the | 15 | | dissolving township shall be transferred to McHenry | 16 | | County. All township funds of the dissolved township shall | 17 | | be used solely on behalf of the residents of the geographic | 18 | | area within the boundaries of the dissolved township.
| 19 | | (2) On the date of dissolution, the dissolving township | 20 | | is dissolved.
| 21 | | (3) On and after the date of dissolution, all rights | 22 | | and duties of the dissolved township may be exercised by | 23 | | the governing board of the receiving unit of local | 24 | | government solely on behalf of the residents of the | 25 | | geographic area within the boundaries of the dissolved |
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| 1 | | township. | 2 | | (4) The governing board of the receiving unit of local | 3 | | government shall not extend a property tax levy that is | 4 | | greater than 90% of the property tax levy extended by the | 5 | | dissolved township for the duties taken on by the receiving | 6 | | unit of local government. This property tax levy may not be | 7 | | extended outside the boundaries of the dissolved township. | 8 | | In all subsequent years, this levy shall be bound by the | 9 | | provisions of the Property Tax Extension Limitation Law. | 10 | | (5) All road districts wholly within the boundaries of | 11 | | the dissolving township are dissolved on the date of | 12 | | dissolution of the dissolving township, and all powers and | 13 | | responsibilities of each road district are transferred to | 14 | | McHenry County except as provided in paragraph (6). | 15 | | (6) The county board of McHenry County shall give | 16 | | written notice to each municipality whose governing board | 17 | | meets within the boundaries of a dissolving township that | 18 | | the municipality may make an offer, on or before 60 days | 19 | | after the date of dissolution of the dissolving township, | 20 | | that the municipality will assume all of the powers and | 21 | | responsibilities of a road district or road districts | 22 | | wholly inside the dissolving township. The notice shall be | 23 | | sent to each municipality on or before 30 days after the | 24 | | date of dissolution of the township. Any eligible | 25 | | municipality may, with consent of its governing board, make | 26 | | an offer to assume all of the powers and responsibilities |
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| 1 | | of the dissolving township's road district or road | 2 | | districts. A municipality may offer to assume the powers | 3 | | and responsibilities only for a limited period of time. If | 4 | | one or more offers are received by McHenry County on or | 5 | | before 60 days after the date of dissolution of the | 6 | | dissolving township, the county board of McHenry County | 7 | | shall select the best offer or offers that the board | 8 | | determines would be in the best interest and welfare of the | 9 | | affected resident population. If no municipality makes an | 10 | | offer, the powers and duties of the dissolving township's | 11 | | road district or road districts are retained by McHenry | 12 | | County. The receiving unit of local government that assumes | 13 | | the powers and duties of the dissolving township's road | 14 | | district or road districts shall not extend a road district | 15 | | property tax levy under Division 5 of Article 6 of the | 16 | | Illinois Highway Code that is greater than 90% of the road | 17 | | district property tax levy that was extended by the county | 18 | | on behalf of the dissolving township's road district or | 19 | | road districts for the duties taken on by the receiving | 20 | | unit of local government.
| 21 | | Section 20. The Illinois Highway Code is amended by adding | 22 | | Section 6-140 as follows: | 23 | | (605 ILCS 5/6-140 new) | 24 | | Sec. 6-140. Abolishing a road district within Lake County |
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| 1 | | or McHenry County with less than 15 miles of roads. Any | 2 | | township in Lake County or McHenry County shall abolish a road | 3 | | district of that township if the roads of the road district are | 4 | | less than 15 centerline miles in length, as determined by the | 5 | | county engineer or county superintendent of highways. A road | 6 | | district is abolished on the expiration of the term of office | 7 | | of the highway commissioner of the road district facing | 8 | | abolition following the determination by the county engineer or | 9 | | county superintendent of highways of the length, in centerline | 10 | | mileage, of the roads within the road district to be abolished. | 11 | | On the date of abolishment: all the rights, powers, duties, | 12 | | assets, property, liabilities, obligations, and | 13 | | responsibilities of the road district shall by operation of law | 14 | | vest in and be assumed by the township; the township board of | 15 | | trustees shall assume all taxing authority of a road district | 16 | | abolished under this Section; the township shall exercise all | 17 | | duties and responsibilities of the highway commissioner as | 18 | | provided in this Code; and for purposes of distribution of | 19 | | revenue, the township shall assume the powers, duties, and | 20 | | obligations of the road district. The township board of | 21 | | trustees may enter into a contract with the county, a | 22 | | municipality, or a private contractor to administer the roads | 23 | | added to its jurisdiction under this Section. | 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.".
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