99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4975

 

Introduced , by Rep. Sam Yingling

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the Township Modernization and Consolidation Act. Provides that all townships in a county may be dissolved by referendum, through either citizen petition or county board ordinance. Provides for petition, ordinance, and notice requirements. Provides for transfer of property, assets, personnel, contractual obligations, liabilities, tax levies, records, and rights and duties from the township to county. Further provides for procedures the county board may employ if a township has outstanding debt on the date of dissolution of the township. Amends the Township Code. Abolishes of office of township collector and transfers all powers and duties to the county collector. Provides that counties who dissolve all townships may retain their current form of governance (currently, required to form a commission form). Further provides that all townships within a coterminous municipality may dissolve (currently, only selected townships may). Amends the Election Code, Public Funds Statement Publication Act, the Property Tax Code, Mobile Home Local Services Tax Enforcement Act, and Counties Code making conforming changes.


LRB099 18676 AWJ 43059 b

FISCAL NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4975LRB099 18676 AWJ 43059 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Township Modernization and Consolidation Act.
 
6    Section 5. Scope. The method of dissolution of townships
7under this Act shall be in addition to any other method of
8dissolving a township provided by law or otherwise.
 
9    Section 10. Definitions. As used in this Act:
10    "Date of dissolution" shall mean the day after the earliest
11expiring term ends of a township supervisor, clerk, assessor,
12or trustee of each dissolving township after a referendum has
13been approved under Section 30 of this Act or 90 days after the
14date of the election at which the referendum is approved,
15whichever is later.
16    "Dissolving townships" means the townships proposed to be
17dissolved by referendum under this Act.
18    "Electors" means the registered voters of the receiving
19county.
20    "Receiving county" means the county receiving the rights,
21duties, and liabilities of the dissolving townships.
 

 

 

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1    Section 15. Petition requirements; notice.
2    (a) Subject to the petition requirements of Section 28-3 of
3the Election Code, petitions for a referendum to dissolve all
4townships in a county must be filed with the governing board of
5each of the dissolving townships and the county board of the
6receiving county not less than 122 days prior to a general
7election. Petitions must include:
8        (1) the names of all townships in the county;
9        (2) the receiving county;
10        (3) the date of dissolution of each township affected;
11        (4) signatures of a number of electors equal to or
12    greater than 5% of the total votes cast in the preceding
13    general election in the receiving county; and
14        (5) an affidavit of publication, attesting that notice
15    of the petition to dissolve all townships was published in
16    a newspaper of general circulation within the territory of
17    all dissolving townships and the county at least 122 days
18    and no more than 152 days prior to the general election at
19    which the referendum is to be voted upon.
20    (b) The dates of dissolution shall be at least 90 days
21after the date of the election at which the referendum is to be
22voted upon.
23    (c) The parties filing a petition under this Section shall
24give notice in substantially the following form:
 
25    NOTICE OF PETITION TO DISSOLVE ALL TOWNSHIPS IN ....

 

 

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1    COUNTY.
2    Residents of .... County are notified that a petition will
3    be filed with all townships and the .... County board
4    requesting a referendum to dissolve all townships in ....
5    County on [each date of dissolution, as applicable] with
6    all real and personal property, and any other assets,
7    together with all personnel, contractual obligations, and
8    liabilities being transferred to .... County.
 
9    Section 20. Ordinance requirements; notice.
10    (a) A county board may pass an ordinance to dissolve all
11townships in the county by referendum at the next general
12election. The ordinance must be passed not less than 122 days
13prior to the general election in which the referendum will
14appear. The ordinance must include:
15        (1) the names of all townships in the county;
16        (2) the receiving county;
17        (3) the date of dissolution of each township affected;
18    and
19        (4) an affidavit of publication, attesting that notice
20    of the ordinance to dissolve townships was published in a
21    newspaper of general circulation within the territory of
22    all dissolving townships and the county at least 122 days
23    and no more than 152 days prior to the general election at
24    which the referendum is to be voted upon.
25    (b) The dates of dissolution shall be at least 90 days

 

 

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1after the date of the election at which the referendum is to be
2voted upon.
3    (c) The county board passing an ordinance under this
4Section shall give notice in substantially the following form:
 
5    NOTICE OF ORDINANCE TO DISSOLVE ALL TOWNSHIPS IN ....
6    COUNTY.
7    Residents of .... County are notified that an ordinance may
8    be passed by the .... County board requesting a referendum
9    to dissolve all townships in .... County on [each date of
10    dissolution, as applicable] with all real and personal
11    property, and any other assets, together with all
12    personnel, contractual obligations, and liabilities being
13    transferred to .... County.
 
14    Section 25. Ballot placement. A petition or ordinance that
15meets the requirements of Section 15 or 20 shall be placed on
16the ballot in the form provided for in Section 30 at the
17general election next following. Failure to publish the
18required notice of petition or ordinance shall render the
19petition or ordinance, and the results of any referendum held
20on the petition or ordinance, null and void.
 
21    Section 30. Referendum; voting.
22    (a) Subject to the requirements of Section 16-7 of the
23Election Code, the referendum described in Section 30 shall be

 

 

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1in substantially the following form on the ballot:
2-----------
3    Shall the townships
4of .... County be dissolved             YES
5on [each date of dissolution, as applicable]
6with all of their property,       ---------------------------
7assets, personnel, obligations,
8and liabilities being                    NO
9transferred to .... County?
10-------------------------------------------------------------
11    (b) The referendum is approved when a majority of the
12electors of the receiving county approve the referendum.
 
13    Section 35. Dissolution; transfer of rights and duties.
14When the dissolution of townships have been approved under
15Section 30:
16    (a) Except as otherwise provided for in this Act, on or
17before each date of dissolution, all real and personal
18property, and any other assets, together with all personnel,
19contractual obligations, and liabilities of each dissolving
20township shall be transferred to the receiving county.
21    (b) On or before each date of dissolution, each dissolving
22township shall transfer all records to the county clerk who
23shall thereafter be in control of such records.
24    (c) On its applicable date of dissolution, each dissolving
25township is dissolved.

 

 

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1    (d) Except as otherwise provided for in this Act, on and
2after each date of dissolution, all rights and duties of the
3dissolved townships, including, but not limited to, the
4authority to tax (if any), may be exercised by the county board
5of the receiving county.
6    (e) On and after each date of dissolution, the county board
7of the receiving county may continue the levying of any general
8assistance tax still in effect which was issued by the township
9under subsection (c) of Section 235-20 of the Township Code by
10the dissolved townships as follows:
11        (1) The municipal portion of the general assistance tax
12    shall be levied the same as before the dissolution of the
13    township until the conclusion of the general assistance
14    tax.
15        (2) The dissolved township's portion of the levy of the
16    general assistance tax shall be redistributed between all
17    taxpayers of the receiving county except those taxpayers
18    under paragraph (1) of this subsection (e).
19    (f) If on the date of dissolution a township has
20outstanding bonds or any other financial indebtedness, the
21following shall apply:
22        (1) The receiving county's board may, on and after the
23    date of dissolution, liquidate or transfer for fair market
24    value the real and personal property, and other assets, of
25    the former township in an amount no greater than the
26    indebtedness.

 

 

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1        (2) The county board may levy taxes, in an amount no
2    greater than the indebtedness, as if the township remained
3    in existence to pay any indebtedness. For purposes of
4    levying taxes under this paragraph (2), the county clerk
5    has the authority of the township clerk; the county
6    assessor or county supervisor of assessments has the
7    authority of the township assessor; the county board
8    chairperson has the authority of the township supervisor;
9    and the county board has the authority of the township
10    board and the highway commissioner.
11    (g) On and after each date of dissolution, the supervisor
12of assessments or county assessor shall assume the duties of
13the township assessor. Any equipment and assets controlled by
14the township assessor shall be transferred to the supervisor of
15assessments or county assessor.
16    (h) On and after each date of dissolution, the county board
17chairperson shall assume the duties of the township highway
18commissioner and shall have jurisdiction over all areas that a
19township highway commissioner had jurisdiction. Additionally,
20the county board shall assume the duties of the township board
21of trustees and the county clerk shall assure the duties of the
22township clerk as it relates to the taxes levied by a highway
23commission.
24    (i) Notwithstanding any other provision of law, on and
25after all townships have been dissolved under this Act, the
26county board, or county commission if the county board chooses

 

 

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1to become a commission form of government under Section 25-25
2of the Township Code, may levy a general assistance tax and a
3tax issued by a highway commission as if the county board was
4organized under a township or commission form of government.
5This subsection (i) shall not give a county board or county
6commission the authority to issue two general assistance taxes
7(one under the township form of governance and one under a
8commission form of governance) or two highway commission taxes
9(one under the township form of governance and one under a
10commission form of governance). Any general assistance tax or
11highway commission tax imposed shall not be subject to any
12amount of indebtedness under paragraph (2) of subsection (f) of
13this Section.
 
14    Section 40. Expenses and contracts after referendum. After
15a referendum passes under Section 30 of this Act and before the
16date of dissolution of a township:
17    (a) A dissolving township, or any township official,
18division, or commission, may not enter into, renew, or extend
19any contracts that would extend beyond the date of dissolution
20of the township.
21    (b) A dissolving township, or any township official,
22division, or commission, may not enter into, renew, or extend
23any contracts, bonds, or other expenditures that would increase
24the indebtedness of the township to an amount greater than the
25amount of indebtedness on the date the referendum passed.

 

 

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1    (c) A dissolving township shall not amend its budget to
2allow expenses greater than those allowed on the date the
3referendum passed.
4    (d) A dissolving township shall not enact any new taxes.
5    (e) Notwithstanding subsections (a), (b), and (c), the
6township board may approve contracts and expenses for emergency
7purposes to protect the life, health, safety of its residents
8and property.
 
9    Section 100. The Election Code is amended by changing
10Section 28-7 as follows:
 
11    (10 ILCS 5/28-7)  (from Ch. 46, par. 28-7)
12    Sec. 28-7. Except as provided in the Township Modernization
13and Consolidation Act, in In any case in which Article VII or
14paragraph (a) of Section 5 of the Transition Schedule of the
15Constitution authorizes any action to be taken by or with
16respect to any unit of local government, as defined in Section
171 of Article VII of the Constitution, by or subject to approval
18by referendum, any such public question shall be initiated in
19accordance with this Section.
20    Any such public question may be initiated by the governing
21body of the unit of local government by resolution or by the
22filing with the clerk or secretary of the governmental unit of
23a petition signed by a number of qualified electors equal to or
24greater than at least 8% of the total votes cast for candidates

 

 

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1for Governor in the preceding gubernatorial election,
2requesting the submission of the proposal for such action to
3the voters of the governmental unit at a regular election.
4    If the action to be taken requires a referendum involving 2
5or more units of local government, the proposal shall be
6submitted to the voters of such governmental units by the
7election authorities with jurisdiction over the territory of
8the governmental units. Such multi-unit proposals may be
9initiated by appropriate resolutions by the respective
10governing bodies or by petitions of the voters of the several
11governmental units filed with the respective clerks or
12secretaries.
13    This Section is intended to provide a method of submission
14to referendum in all cases of proposals for actions which are
15authorized by Article VII of the Constitution by or subject to
16approval by referendum and supersedes any conflicting
17statutory provisions except those contained in the County
18Executive Law, which is Division 2-5 of the Counties Code,
19"County Executive Act" or the Township Modernization and
20Consolidation Act.
21    Referenda provided for in this Section may not be held more
22than once in any 23-month period on the same proposition,
23provided that in any municipality a referendum to elect not to
24be a home rule unit may be held only once within any 47-month
25period.
26(Source: P.A. 97-81, eff. 7-5-11.)
 

 

 

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1    Section 105. The Public Funds Statement Publication Act is
2amended by changing Section 3a as follows:
 
3    (30 ILCS 15/3a)  (from Ch. 102, par. 7a)
4    Sec. 3a. In counties having a population of less than
5500,000, if any such public officer in the discharge of his or
6her official duties, receives all or any part of his funds from
7the county collector, the county treasurer, or, prior to the
8effective date of this amendatory Act of the 99th General
9Assembly, the township collector, and if the county treasurer
10determines, by reviewing documents filed with the county clerk
11under Section 3 of this Act, that the public officer has failed
12to comply with Section 2 of this Act, then the county treasurer
13shall withhold the payment to that public official of any and
14all funds until the public official has complied with Section 2
15of this Act.
16(Source: P.A. 95-367, eff. 8-23-07.)
 
17    Section 110. The Property Tax Code is amended by changing
18Section 3-70 and by adding Section 1-151 as follows:
 
19    (35 ILCS 200/1-151 new)
20    Sec. 1-151. Township collector. Any reference in this Code
21to "township collector" shall mean "county collector".
 

 

 

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1    (35 ILCS 200/3-70)
2    Sec. 3-70. Cessation of Township Assessor.
3    (a) If the office of Township Assessor in a coterminous
4township ceases as provided in Articles 27 and 28 of the
5Township Code, then the coterminous municipality shall assume
6the duties of the Township Assessor under this Code.
7    (b) If a township dissolves as provided in Article 27 of
8the Township Code or in the Township Modernization and
9Consolidation Act, then the supervisor of assessments or county
10assessor, as applicable, shall assume the duties of the
11township assessor under this Code.
12(Source: P.A. 98-127, eff. 8-2-13; 99-474, eff. 8-27-15.)
 
13    Section 115. The Mobile Home Local Services Tax Enforcement
14Act is amended by changing Section 320 as follows:
 
15    (35 ILCS 516/320)
16    Sec. 320. Partial redemption of forfeited mobile homes. In
17counties with less than 3,000,000 inhabitants, when forfeited
18taxes on a mobile home remain unpaid for one or more years, it
19is permissible to pay to the county or township collector, one
20or more full years of back or forfeited taxes, interest prior
21to forfeiture, statutory costs, printers' fees, and forfeiture
22interest or penalties, attaching thereto beginning with the
23earliest year for which the taxes are unpaid. In no case shall
24payment on account of a designated years' taxes be accepted

 

 

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1unless the sums due for prior years have first been paid or are
2tendered at the same time.
3    Any person seeking to make payments under this Section
4shall notify the county clerk of his or her intention in person
5or by agent or in writing. If notice is given while the
6collector has possession of the collector's books, the county
7clerk shall prepare an addendum to be presented to the
8collector and attached, by the collector, to the collector's
9books on which the description of the mobile home involved
10appears, which addendum shall become a part of the collector's
11books. If notice is given after the tax sale, but before
12receipt by the county collector of the current collector's
13books, the county clerk shall prepare an addendum and attach it
14to the Tax Judgment, Sale, Redemption, and Forfeiture record,
15on which the mobile home involved appears, which addendum shall
16become a part of that record.
17    The addendum shall show separately, for the year or years
18to be paid, (a) the amount of back or forfeited taxes, (b)
19interest prior to forfeiture, (c) statutory costs and printers'
20fees, and (d) forfeiture interest or penalties attaching
21thereto. The county clerk shall, at the same time, order the
22county or town collector to receive from the person the amount
23due on account of the taxes, for the year or years determined
24as provided above, of the back or forfeited taxes, interest
25prior to forfeiture, statutory costs, printers' fees, and
26forfeiture interest or penalties to date attaching to the back

 

 

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1or forfeited taxes.
2    Upon presentation of the order from the county clerk, and
3receipt of the addendum if the books are in the collector's
4possession, the collector shall receive the sum tendered on
5account of the taxes for the year or years designated, and make
6out duplicate receipts therefor. The receipts shall set forth a
7description of the mobile home, the year or years paid, and the
8total amount received. One copy of the receipt shall be given
9the person making payment and, when countersigned by the county
10clerk, shall be evidence of the payment therein set forth. The
11second copy shall be filed by the county clerk in his or her
12office.
13    If the collector's books are in the collector's possession,
14he or she shall enter the payment on the current collector's
15books or addendum, and he or she shall also enter any unpaid
16balance on the Tax Judgment, Sale, Redemption and Forfeiture
17record at the proper time.
18    After the tax sale and before receipt by the county
19collector of the current collector's books, the county clerk
20shall make a proper entry on the Tax Judgment, Sale, Redemption
21and Forfeiture record, and shall charge the county collector
22with the sum received. The county clerk shall also enter any
23unpaid balance on the county collector's books at the proper
24time.
25    The county collector shall distribute all sums received as
26required by law.

 

 

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1(Source: P.A. 92-807, eff. 1-1-03.)
 
2    Section 120. The Counties Code is amended by changing the
3heading of Article Div. 2-4 and Sections 2-4006, 5-1005, and
45-32028 as follows:
 
5    (55 ILCS 5/Div. 2-4 heading)
6
Division 2-4. Counties not under Township Organization
7
Organized as a Commission Form of Government

 
8    (55 ILCS 5/2-4006)
9    Sec. 2-4006. Terms of commissioners.
10    (a) In every county not under township organization that is
11organized as commission form of government having 3
12commissioners elected at large as described in subsection (b)
13or (c), the commissioners shall be elected as provided in this
14Section.
15    (b) In a county in which one commissioner was elected at
16the general election in 1992 to serve for a term of 4 years and
17in which 2 commissioners will be elected at the general
18election in 1994, the commissioner elected in 1994 and
19receiving the greatest number of votes shall serve for a term
20of 6 years. The other commissioner elected in 1994 shall serve
21for a term of 4 years. At the general election in 1996 and at
22each general election thereafter, one commissioner shall be
23elected to serve for a term of 6 years.

 

 

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1    (c) In a county in which 2 commissioners were elected at
2the general election in 1992 to serve for terms of 4 years and
3in which one commissioner will be elected at the general
4election in 1994, the commissioner elected in 1994 shall serve
5for a term of 4 years. The commissioner elected in 1996 and
6receiving the greatest number of votes shall serve for a term
7of 6 years. The other commissioner elected in 1996 shall serve
8for a term of 4 years. At the general election in 1998 and at
9each general election thereafter, one commissioner shall be
10elected to serve for a term of 6 years.
11    (c-5) In Calhoun County, Edwards County, and Union County,
12the registered voters of the county may, upon referendum
13initiated by (i) the adoption of a resolution of the board of
14county commissioners or (ii) a petition signed by not less than
1510% of the registered voters in the county, determine that the
16board of county commissioners shall consist of 5 commissioners
17elected at large. The commissioners must certify the question
18to the proper election authority, which must submit the
19question at an election in accordance with the general election
20law.
21    The question shall be submitted in substantially the
22following form:
23        "Shall the board of county commissioners of (county)
24    consist of 5 commissioners elected at large?"
25    Votes must be recorded as "Yes" or "No". If a majority of
26the electors voting on the question vote in the affirmative,

 

 

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1then a 5-member board of county commissioners shall be
2established beginning with the next general election. The
3County Clerk, in consultation with the State's Attorney for the
4county, shall develop and present to the board of county
5commissioners, to implement by the adoption of a resolution,
6the transition of terms for the current 3-member board of
7commissioners and the addition of 2 commissioners for 6-year
8terms. Thereafter, commissioners shall be elected at each
9general election to fill expired terms.
10    (d) The provisions of this Section do not apply to
11commissioners elected under Section 2-4006.5 of this Code.
12(Source: P.A. 96-175, eff. 8-10-09.)
 
13    (55 ILCS 5/5-1005)  (from Ch. 34, par. 5-1005)
14    Sec. 5-1005. Powers. Each county shall have power:
15        1. To purchase and hold the real and personal estate
16    necessary for the uses of the county, and to purchase and
17    hold, for the benefit of the county, real estate sold by
18    virtue of judicial proceedings in which the county is
19    plaintiff.
20        2. To sell and convey or lease any real or personal
21    estate owned by the county.
22        3. To make all contracts and do all other acts in
23    relation to the property and concerns of the county
24    necessary to the exercise of its corporate powers.
25        4. To take all necessary measures and institute

 

 

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1    proceedings to enforce all laws for the prevention of
2    cruelty to animals.
3        5. To purchase and hold or lease real estate upon which
4    may be erected and maintained buildings to be utilized for
5    purposes of agricultural experiments and to purchase, hold
6    and use personal property for the care and maintenance of
7    such real estate in connection with such experimental
8    purposes.
9        6. To cause to be erected, or otherwise provided,
10    suitable buildings for, and maintain a county hospital and
11    necessary branch hospitals and/or a county sheltered care
12    home or county nursing home for the care of such sick,
13    chronically ill or infirm persons as may by law be proper
14    charges upon the county, or upon other governmental units,
15    and to provide for the management of the same. The county
16    board may establish rates to be paid by persons seeking
17    care and treatment in such hospital or home in accordance
18    with their financial ability to meet such charges, either
19    personally or through a hospital plan or hospital
20    insurance, and the rates to be paid by governmental units,
21    including the State, for the care of sick, chronically ill
22    or infirm persons admitted therein upon the request of such
23    governmental units. Any hospital maintained by a county
24    under this Section is authorized to provide any service and
25    enter into any contract or other arrangement not prohibited
26    for a hospital that is licensed under the Hospital

 

 

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1    Licensing Act, incorporated under the General
2    Not-For-Profit Corporation Act, and exempt from taxation
3    under paragraph (3) of subsection (c) of Section 501 of the
4    Internal Revenue Code.
5        7. To contribute such sums of money toward erecting,
6    building, maintaining, and supporting any non-sectarian
7    public hospital located within its limits as the county
8    board of the county shall deem proper.
9        8. To purchase and hold real estate for the
10    preservation of forests, prairies and other natural areas
11    and to maintain and regulate the use thereof.
12        9. To purchase and hold real estate for the purpose of
13    preserving historical spots in the county, to restore,
14    maintain and regulate the use thereof and to donate any
15    historical spot to the State.
16        10. To appropriate funds from the county treasury to be
17    used in any manner to be determined by the board for the
18    suppression, eradication and control of tuberculosis among
19    domestic cattle in such county.
20        11. To take all necessary measures to prevent forest
21    fires and encourage the maintenance and planting of trees
22    and the preservation of forests.
23        12. To authorize the closing on Saturday mornings of
24    all offices of all county officers at the county seat of
25    each county, and to otherwise regulate and fix the days and
26    the hours of opening and closing of such offices, except

 

 

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1    when the days and the hours of opening and closing of the
2    office of any county officer are otherwise fixed by law;
3    but the power herein conferred shall not apply to the
4    office of State's Attorney and the offices of judges and
5    clerks of courts and, in counties of 500,000 or more
6    population, the offices of county clerk.
7        13. To provide for the conservation, preservation and
8    propagation of insectivorous birds through the expenditure
9    of funds provided for such purpose.
10        14. To appropriate funds from the county treasury and
11    expend the same for care and treatment of tuberculosis
12    residents.
13        15. In counties having less than 1,000,000
14    inhabitants, to take all necessary or proper steps for the
15    extermination of mosquitoes, flies or other insects within
16    the county.
17        16. To install an adequate system of accounts and
18    financial records in the offices and divisions of the
19    county, suitable to the needs of the office and in
20    accordance with generally accepted principles of
21    accounting for governmental bodies, which system may
22    include such reports as the county board may determine.
23        17. To purchase and hold real estate for the
24    construction and maintenance of motor vehicle parking
25    facilities for persons using county buildings, but the
26    purchase and use of such real estate shall not be for

 

 

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1    revenue producing purposes.
2        18. To acquire and hold title to real property located
3    within the county, or partly within and partly outside the
4    county by dedication, purchase, gift, legacy or lease, for
5    park and recreational purposes and to charge reasonable
6    fees for the use of or admission to any such park or
7    recreational area and to provide police protection for such
8    park or recreational area. Personnel employed to provide
9    such police protection shall be conservators of the peace
10    within such park or recreational area and shall have power
11    to make arrests on view of the offense or upon warrants for
12    violation of any of the ordinances governing such park or
13    recreational area or for any breach of the peace in the
14    same manner as the police in municipalities organized and
15    existing under the general laws of the State. All such real
16    property outside the county shall be contiguous to the
17    county and within the boundaries of the State of Illinois.
18        19. To appropriate funds from the county treasury to be
19    used to provide supportive social services designed to
20    prevent the unnecessary institutionalization of elderly
21    residents, or, for operation of, and equipment for, senior
22    citizen centers providing social services to elderly
23    residents.
24        20. To appropriate funds from the county treasury and
25    loan such funds to a county water commission created under
26    the "Water Commission Act", approved June 30, 1984, as now

 

 

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1    or hereafter amended, in such amounts and upon such terms
2    as the county may determine or the county and the
3    commission may agree. The county shall not under any
4    circumstances be obligated to make such loans. The county
5    shall not be required to charge interest on any such loans.
6        21. To appropriate and expend funds from the county
7    treasury for economic development purposes, including the
8    making of grants to any other governmental entity or
9    commercial enterprise deemed necessary or desirable for
10    the promotion of economic development in the county.
11        22. To lease space on a telecommunications tower to a
12    public or private entity.
13        23. In counties having a population of 100,000 or less
14    and a public building commission organized by the county
15    seat of the county, to cause to be erected or otherwise
16    provided, and to maintain or cause to be maintained,
17    suitable facilities to house students pursuing a
18    post-secondary education at an academic institution
19    located within the county. The county may provide for the
20    management of the facilities.
21        24. Dissolve townships under the Township
22    Modernization and Consolidation Act.
23    All contracts for the purchase of coal under this Section
24shall be subject to the provisions of "An Act concerning the
25use of Illinois mined coal in certain plants and institutions",
26filed July 13, 1937, as amended.

 

 

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1(Source: P.A. 95-197, eff. 8-16-07; 95-813, eff. 1-1-09;
296-622, eff. 8-24-09.)
 
3    (55 ILCS 5/5-32028)  (from Ch. 34, par. 5-32028)
4    Sec. 5-32028. Certification of assessment roll; collection
5of assessments. Within 30 days after the filing of the report
6of the amount and date of the first voucher issued on account
7of construction work done, the clerk of the court in which such
8judgment is rendered shall certify the assessment roll and
9judgment to the township collector or county collector
10authorized to collect the special assessment, or if there has
11been an appeal taken on any part of the judgment, he shall
12certify such part of the judgment as is not included in that
13appeal. This certification shall be filed by the officer
14receiving it in his office. With the assessment roll and
15judgment the clerk of the designated court shall also issue a
16warrant for the collection of the assessment. The court has the
17power to recall such warrants as to all or any of the property
18affected at any time before payment or sale, in case the
19proceedings are abandoned by the petitioner or the judgment is
20vacated or modified in a material respect as hereinbefore
21provided, but not otherwise. In case the assessment roll has
22been abated and the judgment reduced, the clerk of the
23designated court, within 30 days thereafter, shall certify the
24order of reduction or the roll as so reduced or recast under
25the direction of the court to the county collector authorized

 

 

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1to collect the special assessment, and shall issue a warrant
2for the collection of the assessment as so reduced or recast.
3(Source: P.A. 86-962.)
 
4    Section 125. The Township Code is amended by changing the
5heading of Article 27 and Sections 27-5, 27-10, 27-15, and
6235-20 and by adding Section 78-10 by changing Sections 25-15
7and 25-25 as follows:
 
8    (60 ILCS 1/25-15)
9    Sec. 25-15. Selection of county governing body; election
10Election of county commissioners. When township organization
11ceases in any county as provided in this Article or the
12Township Modernization and Consolidation Act, the county board
13may restructure into a commission form of government by
14ordinance or resolution. If the county board enacts an
15ordinance or resolution to assume a commission form of
16government, an election shall be held in the county at the next
17general election in an even-numbered year for 3 county
18commissioners who shall hold office for 2, 4, and 6 years,
19respectively, and until their successors are elected and
20qualified. Terms shall be determined by lot. At each succeeding
21general election after the first, one commissioner shall be
22elected.
23(Source: P.A. 82-783; 88-62.)
 

 

 

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1    (60 ILCS 1/25-25)
2    Sec. 25-25. Disposal of township records and property. When
3township organization is discontinued in any county, the
4records of the several townships shall be deposited in the
5county clerk's office. The county board or commissioners of the
6county may close up all unfinished business of the several
7townships and sell and dispose of any of the property belonging
8to a township for the benefit of the inhabitants of the
9township, as fully as might have been done by the townships
10themselves. The county board or commissioners may pay all the
11indebtedness of any township existing at the time of the
12discontinuance of township organization and cause the amount of
13the indebtedness, or so much as may be necessary, to be levied
14upon the property of the township.
15(Source: P.A. 82-783; 88-62.)
 
16    (60 ILCS 1/Art. 27 heading)
17
ARTICLE 27. DISCONTINUANCE OF TOWNSHIP
18
ORGANIZATION WITHIN COTERMINOUS MUNICIPALITY:
19
COUNTY POPULATION OF 3 MILLION OR MORE
20(Source: P.A. 98-127, eff. 8-2-13; 99-474, eff. 8-27-15.)
 
21    (60 ILCS 1/27-5)
22    Sec. 27-5. Applicability. This Article shall apply only to
23a township that: (1) is within a coterminous, or substantially
24coterminous, municipality in which the city council exercises

 

 

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1the powers and duties of the township board, or in which one or
2more municipal officials serve as an officer or trustee of the
3township; (2) is located within a county with a population of 3
4million or more; and (3) contains a territory of 7 square miles
5or more.
6(Source: P.A. 98-127, eff. 8-2-13.)
 
7    (60 ILCS 1/27-10)
8    Sec. 27-10. Petition and referendum to discontinue and
9abolish a township organization within a coterminous
10municipality. Upon adoption of an ordinance by the governing
11board city council of a township described under Section 27-5
12of this Article, or upon petition of at least 10% of the
13registered voters of that township, the governing board city
14council shall certify and cause to be submitted to the voters
15of the township, at the next election or consolidated election,
16a proposition to discontinue and abolish the township
17organization and to transfer all the rights, powers, duties,
18assets, property, liabilities, obligations, and
19responsibilities of the township organization to the
20coterminous municipality.
21    A signature on a petition shall not be valid or counted in
22considering the petition unless the form requirements are
23complied with and the date of each signature is less than 90
24days before the last day for filing the petition. The statement
25of the person who circulates the petition must include an

 

 

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1attestation (i) indicating the dates on which that sheet was
2circulated, (ii) indicating the first and last date on which
3that sheet was circulated, or (iii) certifying that none of the
4signatures on the sheet was signed more than 90 days before the
5last day for filing the petition. The petition shall be treated
6and the proposition certified in the manner provided by the
7general election law. After the proposition has once been
8submitted to the electorate, the proposition shall not be
9resubmitted for 4 years.
10    The proposition shall be in substantially the following
11form:
12        Shall the township organization be continued in [Name
13    of Township] Township?
14    The votes shall be recorded as "Yes" or "No".
15(Source: P.A. 98-127, eff. 8-2-13; 98-756, eff. 7-16-14.)
 
16    (60 ILCS 1/27-15)
17    Sec. 27-15. Cessation of township organization. If a
18majority of the votes of the township cast are in favor of the
19proposition to discontinue and abolish the township
20organization, then the township organization in that township
21shall cease.
22    On the effective date of the discontinuance and abolishment
23of the township organization, all the rights, powers, duties,
24assets, property, liabilities, obligations, and
25responsibilities of the township shall by operation of law vest

 

 

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1in and be assumed by the coterminous municipality except for
2the rights, powers, duties, obligations, and responsibilities
3of the township assessor which shall be transferred to the
4supervisor of assessments or county assessor, as applicable.
5(Source: P.A. 98-127, eff. 8-2-13.)
 
6    (60 ILCS 1/78-10 new)
7    Sec. 78-10. Elimination of township collector. On the
8effective date of this amendatory Act of the 99th General
9Assembly:
10    (a) All township collector offices cease and the county
11collector shall assume the obligations and duties of every
12township collector in the county.
13    (b) Any reference in this Code, other statute, or
14administrative rule to "township collector" shall mean "county
15collector".
16    (c) No township collector shall be compensated for any
17duties performed after the effective date of this amendatory
18Act of the 99th General Assembly or have legal recourse upon
19the elimination of the township collector office.
 
20    (60 ILCS 1/235-20)
21    Sec. 235-20. General assistance tax.
22    (a) The township board may raise money by taxation deemed
23necessary to be expended to provide general assistance in the
24township to persons needing that assistance as provided in the

 

 

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1Illinois Public Aid Code, including persons eligible for
2assistance under the Military Veterans Assistance Act, where
3that duty is provided by law. The tax for each fiscal year
4shall not be more than 0.10% of value, or more than an amount
5approved at a referendum held under this Section, as equalized
6or assessed by the Department of Revenue, and shall in no case
7exceed the amount needed in the township for general
8assistance. The board may decrease the maximum tax rate by
9ordinance.
10    (b) Except as otherwise provided in this subsection, if the
11board desires to increase the maximum tax rate, it shall order
12a referendum on that proposition to be held at an election in
13accordance with the general election law. The board shall
14certify the proposition to the proper election officials, who
15shall submit the proposition to the voters at an election in
16accordance with the general election law. If a majority of the
17votes cast on the proposition is in favor of the proposition,
18the board may annually levy the tax at a rate not exceeding the
19higher rate approved by the voters at the election. If,
20however, the board has decreased the maximum tax rate under
21subsection (a), then it may, at any time after the decrease,
22increase the maximum tax rate, by ordinance, to a rate less
23than or equal to the maximum tax rate immediately prior to the
24board's ordinance to decrease the rate.
25    (c) Except as otherwise provided for in the Township
26Modernization and Consolidation Act, if If a city, village, or

 

 

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1incorporated town having a population of more than 500,000 is
2located within or partially within a township, then the entire
3amount of the tax levied by the township for the purpose of
4providing general assistance under this Section on property
5lying within that city, village, or incorporated town, less the
6amount allowed for collecting the tax, shall be paid over by
7the treasurer of the township to the treasurer of the city,
8village, or incorporated town to be appropriated and used by
9the city, village, or incorporated town for the relief and
10support of persons needing general assistance residing in that
11portion of the city, village, or incorporated town located
12within the township in accordance with the Illinois Public Aid
13Code.
14    (d) Any taxes levied for general assistance before or after
15this Section takes effect may also be used for the payment of
16warrants issued against and in anticipation of those taxes and
17accrued interest on those warrants and may also be used to pay
18the cost of administering that assistance.
19    (e) In any township with a population of less than 500,000
20that receives no State funding for the general assistance
21program and that has not issued anticipation warrants or
22otherwise borrowed monies for the administration of the general
23assistance program during the township's previous 3 fiscal
24years of operation, a one time transfer of monies from the
25township's general assistance fund may be made to the general
26township fund pursuant to action by the township board. This

 

 

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1transfer may occur only to the extent that the amount of monies
2remaining in the general assistance fund after the transfer is
3equal to the greater of (i) the amount of the township's
4expenditures in the previous fiscal year for general assistance
5or (ii) an amount equal to either 0.10% of the last known total
6equalized value of all taxable property in the township, or
7100% of the highest amount levied for general assistance
8purposes in any of the three previous fiscal years. The
9transfer shall be completed no later than one year after the
10effective date of this amendatory Act of the 92nd General
11Assembly. No township that has certified a new levy or an
12increase in the levy under this Section during calendar year
132002 may transfer monies under this subsection. No action on
14the transfer of monies under this subsection shall be taken by
15the township board except at a township board meeting. No
16monies transferred under this subsection shall be considered in
17determining whether the township qualifies for State funds to
18supplement local funds for public aid purposes under Section
1912-21.13 of the Illinois Public Aid Code.
20    (e-5) The township board of Gray Township in White County
21may approve by resolution or ordinance transfers of monies from
22the township's general assistance fund to the general township
23fund no later than one year after the effective date of this
24amendatory Act of the 99th General Assembly if:
25        (1) the township receives no State funding for the
26    general assistance program;

 

 

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1        (2) the township has not issued anticipation warrants
2    or otherwise borrowed monies for the administration of the
3    general assistance program during the township's previous
4    3 fiscal years of operation;
5        (3) the amount of monies remaining in the general
6    assistance fund after the transfer is equal to the greater
7    of (i) the amount of the township's expenditures in the
8    previous fiscal year for general assistance or (ii) an
9    amount equal to either 0.10% of the last known total
10    equalized value of all taxable property in the township, or
11    100% of the highest amount levied for general assistance
12    purposes in any of the three previous fiscal years; and
13        (4) the township that has not certified a new levy or
14    an increase in the levy under this Section during calendar
15    year 2015.
16No monies transferred under this subsection shall be considered
17in determining whether the township qualifies for State funds
18to supplement local funds for public aid purposes under Section
1912-21.13 of the Illinois Public Aid Code.
20(Source: P.A. 99-248, eff. 1-1-16.)
 
21    (60 ILCS 1/78-5 rep.)
22    Section 130. The Township Code is amended by repealing
23Section 78-5.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    New Act
4    10 ILCS 5/28-7from Ch. 46, par. 28-7
5    30 ILCS 15/3afrom Ch. 102, par. 7a
6    35 ILCS 200/1-151 new
7    35 ILCS 200/3-70
8    35 ILCS 516/320
9    55 ILCS 5/Div. 2-4 heading
10    55 ILCS 5/2-4006
11    55 ILCS 5/5-1005from Ch. 34, par. 5-1005
12    55 ILCS 5/5-32028from Ch. 34, par. 5-32028
13    60 ILCS 1/25-15
14    60 ILCS 1/25-25
15    60 ILCS 1/Art. 27 heading
16    60 ILCS 1/27-5
17    60 ILCS 1/27-10
18    60 ILCS 1/27-15
19    60 ILCS 1/78-10 new
20    60 ILCS 1/235-20
21    60 ILCS 1/78-5 rep.