Bill Text: IL SB0773 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-09 - Session Sine Die [SB0773 Detail]

Download: Illinois-2017-SB0773-Introduced.html

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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.
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FISCAL NOTE ACT MAY APPLY HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY
A BILL FOR
SB0773 LRB100 05646 AWJ 15660 b
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

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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

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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

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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

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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

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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:
--------
Shall the Road District of the Township of
........... be abolished with all the rights, YES
powers, duties, assets, property, liabilities,
obligations, and responsibilities being assumed --------
by the Township of ........... ? NO
--------
(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;

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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.