SB0773 100TH GENERAL ASSEMBLY

LRB100 05646 AWJ 15660 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB0773

Introduced 2/1/2017, by Sen. Julie A. Morrison

SYNOPSIS AS INTRODUCED:

60 ILCS 1/10-25
70 ILCS 605/10-12 new
605 ILCS 5/6-130	from Ch. 121, par. 6-130
605 ILCS 5/6-130.5 new

Amends the Township Code. Removes a restriction limiting townships to 126 square miles. Amends the Illinois Drainage Code. Provides that counties with a population of more than 500,000 and less than 3,000,000 may, by resolution, dissolve drainage districts wholly within their borders if the county board appoints the drainage commissioners with the county assuming all powers (including the ability to tax as a drainage district), obligations, and functions of the drainage district and district board. Further provides that a county may dissolve and take over the powers, obligations, and functions of a drainage district and board only partially within its borders if the county appoints a majority of commissioners to the district board and the other counties which contain a portion of the district consent through intergovernmental agreement. Contains notice requirements for the dissolution of a drainage district. Amends the Illinois Highway Code. Provides that a township road district, with roads of less than a total of 15 miles in length, may be abolished by public referendum. Makes other changes. Effective immediately.

FISCAL NOTE ACT MAY APPLY

HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Township Code is amended by changing Section 10-25 as follows:

(60 ILCS 1/10-25)

Sec. 10-25. Plan for changes in townships.

(a) The county board of each county may, subject to a referendum in the townships affected as provided in this Section, adopt a plan for altering the boundaries of townships, changing township lines, dividing, enlarging, or consolidating townships, or creating new townships, so that each township shall possess an equalized assessed valuation of not less than $10,000,000 as of the 1982 assessment year or an area of not more than 126 square miles.

(b) No alteration or change in boundaries shall be effective unless approved by a referendum in each township affected. The election authority shall submit to the voters of each township affected, at a regular election to be held not less than 60 days after the plan is adopted, the question of approving the alteration or change. The alterations or changes, if approved by the voters, shall take effect on the date of the next township election and shall be applicable to that election. If there is doubt as to the township clerk with whom nomination papers for that election should be filed, the county board shall designate the clerk. In the alteration of boundaries, a county board may not disturb urban or coterminous townships in existence on October 1, 1978.

(Source: P.A. 84-1308; 88-62.)

Section 10. The Illinois Drainage Code is amended by adding Section 10-12 as follows:

(70 ILCS 605/10-12 new)

Sec. 10-12. Dissolution in specified counties. Notwithstanding any provision of law to the contrary, and in counties with a population of more than 500,000 and less than 3,000,000:

(a) If a drainage district is located wholly within a county and the county appoints the commissioners to the board of the drainage district, then the county board of that county may, by resolution after a public hearing, dissolve the drainage district. No resolution to dissolve a drainage district shall be adopted without the county board (1) causing to be published notice of the public hearing including the proposed resolution in a newspaper of general circulation in the drainage district at least 30 days prior to the hearing and (2) sending a notice by mail of the public hearing and the proposed resolution to all known landowners and residents of the drainage district at least 30 days prior to the hearing. Ninety days after the adoption of a resolution under this subsection (a): the drainage district is dissolved and all rights, powers, duties, assets, and property, together with all personnel, contractual obligations, other obligations, responsibilities, and liabilities of the dissolved drainage district shall vest in and be assumed by the county; all commissioners of a dissolved drainage district shall cease to hold office; the county board shall assume all taxing authority of the dissolved drainage district; and the county board shall assume all functions of the dissolved drainage district's board and commissioners.

(b) If a drainage district is located in more than one county and a county appoints a majority of commissioners to the board of the drainage district, then the county board of that county may, by resolution after a public hearing, dissolve the drainage district if an intergovernmental agreement under the Intergovernmental Cooperation Act has been entered into by all counties in which any portion of the drainage district is located. No resolution to dissolve a drainage district shall be adopted without the county board (1) causing to be published notice of the public hearing including the proposed resolution in a newspaper of general circulation in the drainage district at least 30 days prior to the hearing and (2) sending a notice by mail of the public hearing and the proposed resolution to all known landowners and residents of the drainage district at least 30 days prior to the hearing. Ninety days after the adoption of a resolution under this subsection (b): the drainage district is dissolved and all rights, powers, duties, assets, and property, together with all personnel, contractual obligations, other obligations, responsibilities, and liabilities of the drainage district shall vest in and be assumed by the county passing the resolution; all commissioners of the dissolved drainage district shall cease to hold office; the county board of the county passing the resolution shall assume all taxing authority of the dissolved drainage district; and the county board of the county passing the resolution shall assume all functions of the dissolved drainage district's board and commissioners.

Section 15. The Illinois Highway Code is amended by changing Section 6-130 and by adding Section 6-130.5 as follows:

(605 ILCS 5/6-130) (from Ch. 121, par. 6-130)

Sec. 6-130. Mandatory and permissive road district abolishment.

(a) Notwithstanding any other provision of this Act to the contrary, no township road district may continue in existence if the roads forming a part of the district do not exceed a total of 4 miles in length as determined by the county engineer or county superintendent of highways. For purposes of this Section, the roads forming a part of a township road district include those roads maintained by the district, regardless of whether or not those roads are owned by the township. On the first Tuesday in April of 1975, or of any subsequent year next succeeding the reduction of a township road system to a total mileage of 4 miles or less, each such township road district shall, by operation of law, be abolished. The roads comprising that district at that time shall thereafter be administered by the township board of trustees by contracting with the county, a municipality or a private contractor. The township board of trustees shall assume all taxing authority of a township road district abolished under this Section.

(b) Notwithstanding any provision of law to the contrary, a township road district may be abolished as provided in Section 6-130.5 of this Act, if the roads forming part of the district are less than a total of 15 miles in length.

(Source: P.A. 94-884, eff. 6-20-06.)

(605 ILCS 5/6-130.5 new)

Sec. 6-130.5. Abolishing a road district with less than 15 miles of roads.

(a) Any township may abolish a road district of that township if the roads of the district of that township are less than 15 miles in length, as determined by the county engineer or county superintendent of highways, by resolution of a majority of the board of trustees to submit a referendum to abolish the road district of that township. The referendum shall be submitted to the electors of that township at the next general election or consolidated election in accordance with the general election law. The ballot shall be in substantially the following form:

(b) If a majority of the electors voting on the referendum under subsection (a) of this Section are in favor of abolishing the township road district, then the road district is abolished on the January 1 following the approval of the resolution or referendum.

On the date of abolishment: all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of the road district shall by operation of law vest in and be assumed by the township; the township board of trustees shall assume all taxing authority of a road district abolished under this Section; any highway commissioner of the abolished road district shall cease to hold office; the township shall exercise all duties and responsibilities of the highway commissioner as provided in the Illinois Highway Code; and for purposes of distribution of revenue, the township shall assume the powers, duties, and obligations of the road district. 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 under this Section.

Section 99. Effective date. This Act takes effect upon becoming law.