Craig Wilcox Township Consolidation Language in David McSweeney’s Bill 348 Passes State Senate

From State Senator Craig Wilcox:

Local Consolidation Proposal Includes Taxpayer Protections

Springfield, IL. – The Illinois Senate gave final legislative approval May 16 to legislation allowing townships in McHenry County to consider dissolution with voter approval, according to State Sen. Craig Wilcox (R-McHenry).

Most importantly, the proposal contains three taxpayer protection provisions State Senator Craig Wilcox insisted be included.

Craig Wilcox

“I support consolidation as a way to reduce the size of government in our lives, cut costs and deliver better government to the people.

“I appreciate a process that respects taxpayers, giving voters a choice, which this measure does,” said Wilcox.

“I am also especially pleased the legislation addresses concerns I raised months ago about protecting taxpayers and ensuring they are the true beneficiaries of smaller, smarter and more efficient government.”

Taxpayer protections advocated by Sen. Wilcox and included under Amendment #1 to House Bill 348 include:

  • Ensures that counties or municipalities will receive the Motor Fuel Tax dollars dedicated to a dissolving township based on lane miles. It also protects local taxpayer dollars, preventing a dissolved township’s lane mile Motor Fuel Tax account from being redistributed state-wide.
  • The assets of the dissolved township or road district, especially if liquidated, must be used solely for the benefit of residents of the geographic area within the former boundaries of the township. This provision protects taxpayers who previously paid the taxes allowing the township to acquire those assets; and
  • Only the taxpayers within the dissolving township boundaries are responsible for paying any debt transferred to the county, which protects other county taxpayers;

“The overall goal of government consolidation is to save taxpayers’ money,” said Wilcox.

“But, it must be fair and equitable.”

Sen. Wilcox is a former McHenry County Board member who first pressed for voter protection clauses as a member of that Board.

As the State Senator representing the 32nd District, which includes Lake and McHenry counties, Wilcox also introduced legislation this year (Senate Bill 1567) to accomplish the goals now included in House Bill 348 and approved by the Senate on a vote of 44 to 3.

HB 348 now heads to the Governor for consideration.

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The bill was originally introduced by State Rep, David McSweeney and amended in the House with Wilcox’ suggestions.

Here is how its current content is described in the Legislative Digest:

Replaces everything after the enacting clause.

Reinserts the provisions of the introduced bill with the following changes:

Amends the Motor Fuel Tax Law making conforming changes.

Further amends the new Article 24 of the Township Code as follows: removes provisions regarding the scope of the Article;

modifies the petition requirements to dissolve a township, including signature requirements and publication of the petition on the county’s website;

modifies the referendum wording; clarifies that road districts that are to be dissolved must be wholly within the boundaries of the township;

adds examples of duties that are transferred to the county;

limits specified taxes and proceeds of the sale of specified properties to the use and benefit of the geographic area of the dissolved township;

provides that reductions in spending within the boundaries of the former township and specified tax levies may be used to pay down liabilities of the former township;

provides that if a no municipality makes an offer or a municipality doesn’t make a satisfactory offer (rather than only no offers made) to take over part of a dissolved road district, then the county may retain the powers over the road district;

provides that elected and appointed township officers and road commissioners shall cease to hold office on the date of dissolution of the township and road districts, no longer be compensated, and do not have legal recourse relating to the ceasing of their elected or appointed positions upon the ceasing of their offices.

Effective immediately.

The Senate roll call follows:

Senate roll call on Rep. David McSweeney’s bill to allow abolition of McHenry County Township governments by referendum.

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