SB2287 99TH GENERAL ASSEMBLY

LRB099 16513 AWJ 40849 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2287

Introduced 1/27/2016, by Sen. Pamela J. Althoff

SYNOPSIS AS INTRODUCED:

35 ILCS 200/2-85 new
55 ILCS 5/2-4006
60 ILCS 1/25-15
60 ILCS 1/25-25
60 ILCS 1/Art. 29 heading new
60 ILCS 1/29-5 new
60 ILCS 1/29-10 new
60 ILCS 1/29-15 new
60 ILCS 1/29-20 new
60 ILCS 1/29-25 new
70 ILCS 905/27 new
305 ILCS 5/12-3.2 new
605 ILCS 5/5-205.11 new

Amends the Township Code. Provides that upon a petition by citizens, a referendum shall be submitted to the voters to discontinue and abolish that township's township organization and to transfer all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of the township organization to the county. Provides that the township officers of any township that is discontinued shall continue as officers of that township until the expiration of the respective terms for which they were elected or appointed. Further provides that a county may retain its form of government after all townships have been dissolved. Amends the Property Tax Code, the Public Health District Act, the Illinois Public Aid Code, and the Illinois Highway Code making conforming 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 Property Tax Code is amended by adding Section 2-85 as follows:

(35 ILCS 200/2-85 new)

Sec. 2-85. Cessation of township organization. If township organization ceases as provided in Article 29 of the Township Code, then the supervisor of assessments or county assessor, as applicable, shall assume the duties of the township assessor under this Code.

Section 10. The Counties Code is amended by changing Section 2-4006 as follows:

(55 ILCS 5/2-4006)

Sec. 2-4006. Terms of commissioners.

(a) In every county not under township organization that is organized as commission form of government having 3 commissioners elected at large as described in subsection (b) or (c), the commissioners shall be elected as provided in this Section.

(b) In a county in which one commissioner was elected at the general election in 1992 to serve for a term of 4 years and in which 2 commissioners will be elected at the general election in 1994, the commissioner elected in 1994 and receiving the greatest number of votes shall serve for a term of 6 years. The other commissioner elected in 1994 shall serve for a term of 4 years. At the general election in 1996 and at each general election thereafter, one commissioner shall be elected to serve for a term of 6 years.

(c) In a county in which 2 commissioners were elected at the general election in 1992 to serve for terms of 4 years and in which one commissioner will be elected at the general election in 1994, the commissioner elected in 1994 shall serve for a term of 4 years. The commissioner elected in 1996 and receiving the greatest number of votes shall serve for a term of 6 years. The other commissioner elected in 1996 shall serve for a term of 4 years. At the general election in 1998 and at each general election thereafter, one commissioner shall be elected to serve for a term of 6 years.

(c-5) In Calhoun County, Edwards County, and Union County, the registered voters of the county may, upon referendum initiated by (i) the adoption of a resolution of the board of county commissioners or (ii) a petition signed by not less than 10% of the registered voters in the county, determine that the board of county commissioners shall consist of 5 commissioners elected at large. The commissioners must certify the question to the proper election authority, which must submit the question at an election in accordance with the general election law.

The question shall be submitted in substantially the following form:

"Shall the board of county commissioners of (county) consist of 5 commissioners elected at large?"

Votes must be recorded as "Yes" or "No". If a majority of the electors voting on the question vote in the affirmative, then a 5-member board of county commissioners shall be established beginning with the next general election. The County Clerk, in consultation with the State's Attorney for the county, shall develop and present to the board of county commissioners, to implement by the adoption of a resolution, the transition of terms for the current 3-member board of commissioners and the addition of 2 commissioners for 6-year terms. Thereafter, commissioners shall be elected at each general election to fill expired terms.

(d) The provisions of this Section do not apply to commissioners elected under Section 2-4006.5 of this Code.

(Source: P.A. 96-175, eff. 8-10-09.)

Section 15. The Township Code is amended by adding Article 29 and by changing Sections 25-15 and 25-25 as follows:

(60 ILCS 1/25-15)

Sec. 25-15. Selection of county governing body; election Election of county commissioners. When township organization ceases in any county as provided in this Article, the county board may by ordinance or resolution restructure into a commission form of government on or before 180 days after a township organization ceases. If the county board votes to assume a commission form of government, an election shall be held in the county at the next general election in an even-numbered year for 3 county commissioners who shall hold office for 2, 4, and 6 years, respectively, and until their successors are elected and qualified. Terms shall be determined by lot. At each succeeding general election after the first, one commissioner shall be elected.

(Source: P.A. 82-783; 88-62.)

(60 ILCS 1/25-25)

Sec. 25-25. Disposal of township records and property. When township organization is discontinued in any county, the records of the several townships shall be deposited in the county clerk's office. The county board or commissioners of the county may close up all unfinished business of the several townships and sell and dispose of any of the property belonging to a township for the benefit of the inhabitants of the township, as fully as might have been done by the townships themselves. The county board or commissioners may pay all the indebtedness of any township existing at the time of the discontinuance of township organization and cause the amount of the indebtedness, or so much as may be necessary, to be levied upon the property of the township.

(Source: P.A. 82-783; 88-62.)

(60 ILCS 1/Art. 29 heading new)

ARTICLE 29. DISCONTINUANCE OF SINGULAR TOWNSHIP ORGANIZATION

WITHIN A COUNTY

(60 ILCS 1/29-5 new)

Sec. 29-5. Petition to discontinue and abolish a singular township organization within a county. Upon petition of at least 5% of the registered voters of a township, the county board of the county in which the township is located shall certify and cause to be submitted to the voters of the county, at the next election, a proposition to discontinue and abolish that township's township organization and to transfer all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of the township organization to the county board, or any county department or officer designated by the county board.

A signature on a petition shall not be valid or counted in considering the petition unless the form requirements are complied with and the date of each signature is less than 180 days before the last day for filing the petition. The statement of the person who circulates the petition must include an attestation (i) indicating the dates on which that sheet was circulated, (ii) indicating the first and last date on which that sheet was circulated, or (iii) certifying that none of the signatures on the sheet was signed more than 180 days before the last day for filing the petition. The petition shall be treated and the proposition certified in the manner provided by the general election law. After the proposition has once been submitted to the electorate, the proposition shall not be resubmitted for 4 years.

The proposition shall be in substantially the following form:

Shall (name of township) Township be discontinued and abolished with all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities being assumed by (name of county) County?

The votes shall be recorded as "Yes" or "No".

(60 ILCS 1/29-10 new)

Sec. 29-10. Cessation of township organization. If a majority of the votes of the county cast are in favor of the proposition to discontinue and abolish the township organization, then the township organization in that township shall cease after expiration of the township officers' terms under Section 29-15 of this Article. All laws relating to counties not under township organization shall be applicable to the township, the same as if township organization had never been adopted.

On the effective date of the discontinuance and abolishment of the township organization, all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of the township shall by operation of law vest in and be assumed by the county.

(60 ILCS 1/29-15 new)

Sec. 29-15. Township officers.

(a) The township officers of any township that is discontinued pursuant to this Article shall continue as officers of that township until the expiration of the respective terms for which they were elected or appointed.

(b) On and after the expiration of the term of a township officer, the county board, or county department or officer designated by the county board, shall exercise all duties and responsibilities of that township officer as provided in the Township Code, the Illinois Public Aid Code, Property Tax Code, and the Illinois Highway Code, as applicable. The county may enter into an intergovernmental agreement or contract with a municipality or the State to administer the duties and responsibilities of that township officer for services under its jurisdiction.

(60 ILCS 1/29-20 new)

Sec. 29-20. Cessation of township; taxing authority. The county in which the township is located shall assume all taxing authority of the township abolished under this Article. For purposes of distribution of revenue, the county board, or county department or officer designated by the county board, shall assume the powers, duties, and obligations of the township.

(60 ILCS 1/29-25 new)

Sec. 29-25. Business, records, and property of discontinued township organization. The records of a township organization discontinued under this Article shall be deposited in the county clerk's office. The county board, or county department or officer designated by the county board, may close up all unfinished business of the township and sell and dispose of any of the property belonging to the township for benefit of the inhabitants of the county.

Section 20. The Public Health District Act is amended by adding Section 27 as follows:

(70 ILCS 905/27 new)

Sec. 27. Cessation of township organization. If township organization ceases as provided in Article 29 of the Township Code, then the county board, or county department or officer designated by the county board, shall assume the duties, powers, and responsibilities of the board of health for the public health district under this Act.

Section 25. The Illinois Public Aid Code is amended by adding Section 12-3.2 as follows:

(305 ILCS 5/12-3.2 new)

Sec. 12-3.2. Cessation of township organization. Upon the discontinuance of township organization as provided in Article 29 of the Township Code, the county shall provide funds for and administer the public aid program provided by Article VI.

Section 30. The Illinois Highway Code is amended by adding Section 5-205.11 as follows:

(605 ILCS 5/5-205.11 new)

Sec. 5-205.11. Cessation of township organization. If township organization ceases as provided in Article 29 of the Township Code, then the county shall assume the duties of highway commissioner under this Code.

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