Here is the guts of the new language in the McHenry County township abolition by referendum House Bill 4637 successfully sponsored by State Rep. David McSweeney.
The bill, of course, will be in the Governor’s court at some point.
ARTICLE 24. DISSOLUTION OF TOWNSHIPS IN cCHENRY COUNTY
(60 ILCS 1/24-5 new)
Sec. 24-5. Scope. The method of dissolution of a township
in McHenry County under this Article shall be in addition to
any other method of dissolving a township provided by law or
(60 ILCS 1/24-10 new)
Sec. 24-10. Definition. As used in this Article, “electors”
means the registered voters of any single township in McHenry
(60 ILCS 1/24-15 new)
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.
(60 ILCS 1/24-20 new)
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 equal to or
greater than 5% of the total votes cast in the township in
the preceding election that is of an election type
comparable to the election for which the petition is being
filed; all signatures gathered under this paragraph (3)
must be signed within 365 days prior to the filing of a
(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, not less
than 90 days prior to the election at which the referendum is
to be voted on, give notice in substantially the following
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.
(60 ILCS 1/24-25 new)
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
(60 ILCS 1/24-30 new)
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) be dissolved on (date
of dissolution) with all of ————–
its property, assets, personnel,
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
(60 ILCS 1/24-35 new)
Sec. 24-35. Dissolution; transfer of rights and duties.
When the dissolution of a township has been approved under
(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 shall be transferred to McHenry
County. All township funds of the dissolved township shall
be used solely on behalf of the residents of the geographic
area within the boundaries of the dissolved township.
(2) On the date of dissolution, the dissolving township
(3) On and after the date of dissolution, all rights
and duties of the dissolved township may be exercised by
the governing board of the receiving unit of local
government solely on behalf of the residents of the
geographic area within the boundaries of the dissolved
(4) The governing board of the receiving unit of local
government shall not extend a property tax levy that is
greater than 90% of the property tax levy extended by the
dissolved township for the duties taken on by the receiving
unit of local government. 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.
(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, the powers and duties of the dissolving township’s
road district or road districts are retained by McHenry
County. The receiving unit of local government 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
n behalf of the dissolving township’s road district or
road districts for the duties taken on by the receiving
unit of local government.
Section 20. The Illinois Highway Code is amended by adding
Section 6-140 as follows:
(605 ILCS 5/6-140 new)
Sec. 6-140. Abolishing a road district within Lake County
or McHenry County with less than 15 miles of roads. 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 centerline miles in length, as determined by the
county engineer or county superintendent of highways. A road
district is abolished on the expiration of the term of office
of the highway commissioner of the road district facing
abolition following the determination by the county engineer or
county superintendent of highways of the length, in centerline
mileage, of the roads within the road district to be abolished.
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; the township shall exercise all
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