Full Text of SB2287 99th General Assembly
SB2287sam001 99TH GENERAL ASSEMBLY | Sen. Pamela J. Althoff Filed: 4/1/2016
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| 1 | | AMENDMENT TO SENATE BILL 2287
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2287 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Property Tax Code is amended by adding | 5 | | Section 2-85 as follows: | 6 | | (35 ILCS 200/2-85 new) | 7 | | Sec. 2-85. Cessation of township. If a township ceases as | 8 | | provided in Article 29 of the Township Code, then the | 9 | | supervisor of assessments or county assessor, as applicable, | 10 | | shall assume the duties of the township assessor under this | 11 | | Code. | 12 | | Section 10. The Counties Code is amended by changing | 13 | | Section 2-4006 as follows:
| 14 | | (55 ILCS 5/2-4006)
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| 1 | | Sec. 2-4006. Terms of commissioners.
| 2 | | (a) In every county not under
township organization that is | 3 | | organized as commission form of government having 3 | 4 | | commissioners elected at large as described in
subsection (b) | 5 | | or (c), the commissioners shall be elected as provided in this
| 6 | | Section.
| 7 | | (b) In a county in which one commissioner was elected at | 8 | | the general
election in 1992 to serve for a term of 4 years and | 9 | | in which 2 commissioners
will be elected at the general | 10 | | election in 1994, the commissioner elected in
1994 and | 11 | | receiving the greatest number of votes shall serve for a term | 12 | | of 6
years. The other commissioner elected in 1994 shall serve | 13 | | for a term of 4
years. At the general election in 1996 and at | 14 | | each general election
thereafter, one commissioner shall be | 15 | | elected to serve for a term of 6 years.
| 16 | | (c) In a county in which 2 commissioners were elected at | 17 | | the general
election in 1992 to serve for terms of 4 years and | 18 | | in which one commissioner
will be elected at the general | 19 | | election in 1994, the commissioner elected in
1994 shall serve | 20 | | for a term of 4 years. The commissioner elected in 1996 and
| 21 | | receiving the greatest number of votes shall serve for a term | 22 | | of 6 years. The
other commissioner elected in 1996 shall serve | 23 | | for a term of 4 years. At the
general election in 1998 and at | 24 | | each general election thereafter, one
commissioner shall be | 25 | | elected to serve for a term of 6 years. | 26 | | (c-5) In Calhoun County, Edwards County, and Union County, |
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| 1 | | the registered voters of the county may, upon referendum
| 2 | | initiated by (i) the adoption of a resolution of the
board of | 3 | | county commissioners or (ii) a petition signed by not less than | 4 | | 10% of the registered voters in the county, determine that the | 5 | | board of
county commissioners shall consist of 5
commissioners | 6 | | elected at large. The commissioners must certify
the question | 7 | | to the proper election authority, which must
submit the | 8 | | question at an election in accordance with the
general election | 9 | | law. | 10 | | The question shall be submitted in substantially the
| 11 | | following form: | 12 | | "Shall the board of county commissioners of (county) | 13 | | consist of 5 commissioners elected at large?" | 14 | | Votes must be recorded as "Yes" or "No". If a majority of | 15 | | the electors voting on the question vote in the affirmative, | 16 | | then a 5-member board of county commissioners shall be | 17 | | established beginning with the next general election. The | 18 | | County Clerk, in consultation with the State's Attorney for the | 19 | | county, shall develop and present to the board of county | 20 | | commissioners, to implement by the adoption of a resolution, | 21 | | the transition of terms for the current 3-member board of | 22 | | commissioners and the addition of 2 commissioners for 6-year | 23 | | terms. Thereafter, commissioners shall be elected at each | 24 | | general election to fill expired terms.
| 25 | | (d) The provisions of this Section do not apply to | 26 | | commissioners elected
under Section 2-4006.5 of this Code.
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| 1 | | (Source: P.A. 96-175, eff. 8-10-09.)
| 2 | | Section 15. The Township Code is amended by adding Article | 3 | | 29 and by changing Sections 25-7, 25-15, and 25-25 as follows: | 4 | | (60 ILCS 1/25-7 new) | 5 | | Sec. 25-7. Cost and services study. Prior to certifying and | 6 | | causing a proposition to be submitted to the voters under | 7 | | Section 25-5, the county board and the township board shall | 8 | | conduct or have conducted a cost and services study detailing | 9 | | the fiscal and services impact the discontinuance of township | 10 | | organization would have on the taxpayers of the county and | 11 | | township. Any such cost and services study shall be completed | 12 | | not more than 45 days after the filing of a petition under | 13 | | Section 25-5. After receipt of the cost study by the county | 14 | | board and township board, and no later than 60 days after | 15 | | filing of a petition under Section 25-5, the county board shall | 16 | | certify and cause the proposition to be submitted to the voters | 17 | | of the county to discontinue township organization as provided | 18 | | in Section 25-5.
| 19 | | (60 ILCS 1/25-15)
| 20 | | Sec. 25-15. Selection of county governing body; election | 21 | | Election of county commissioners . When township organization
| 22 | | ceases in any county as provided in this Article, the county | 23 | | board may by ordinance or resolution restructure into a |
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| 1 | | commission form of government on or before 180 days after a | 2 | | township organization ceases. If the county board votes to | 3 | | assume a commission form of government, an election shall be | 4 | | held in
the county at the next general election in an | 5 | | even-numbered year for 3 county
commissioners who shall hold | 6 | | office for 2, 4, and 6 years, respectively, and
until their | 7 | | successors are elected and qualified. Terms shall be determined | 8 | | by
lot. At each succeeding general election after the first, | 9 | | one commissioner
shall be elected.
| 10 | | (Source: P.A. 82-783; 88-62.)
| 11 | | (60 ILCS 1/25-25)
| 12 | | Sec. 25-25. Disposal of township records and property. When | 13 | | township
organization is discontinued in any county, the | 14 | | records of the several
townships shall be deposited in the | 15 | | county clerk's office. The county
board or board of county | 16 | | commissioners of the county may close up all unfinished | 17 | | business of the several
townships and sell and dispose of any | 18 | | of the property belonging to a township
for the benefit of the | 19 | | inhabitants of the township, as fully as might have been
done | 20 | | by the townships themselves. The county board or or board of | 21 | | county commissioners may pay all the
indebtedness of any | 22 | | township existing at the time of the discontinuance of
township | 23 | | organization and cause the amount of the indebtedness, or so | 24 | | much as
may be necessary, to be levied upon the property of the | 25 | | township.
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| 1 | | (Source: P.A. 82-783; 88-62.)
| 2 | | (60 ILCS 1/Art. 29 heading new) | 3 | | ARTICLE 29. DISCONTINUANCE OF SINGULAR TOWNSHIP WITHIN A COUNTY | 4 | | (60 ILCS 1/29-5 new) | 5 | | Sec. 29-5. Petition to discontinue and abolish a singular | 6 | | township within a county. Upon petition of at least 5% of the | 7 | | registered voters of a township, the county board of the county | 8 | | in which the township is located shall certify and cause to be | 9 | | submitted to the voters of the county, at the next election, a | 10 | | proposition to discontinue and abolish that township and to | 11 | | transfer all the rights, powers, duties, assets, property, | 12 | | liabilities, obligations, and responsibilities of the township | 13 | | to the county board, or any county department or officer | 14 | | designated by the county board. | 15 | | A signature on a petition shall not be valid or counted in | 16 | | considering the petition unless the form requirements are | 17 | | complied with and the date of each signature is less than 180 | 18 | | days before the last day for filing the petition. The statement | 19 | | of the person who circulates the petition must include an | 20 | | attestation (i) indicating the dates on which that sheet was | 21 | | circulated, (ii) indicating the first and last date on which | 22 | | that sheet was circulated, or (iii) certifying that none of the | 23 | | signatures on the sheet was signed more than 180 days before | 24 | | the last day for filing the petition. The petition shall be |
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| 1 | | treated and the proposition certified in the manner provided by | 2 | | the general election law. After the proposition has once been | 3 | | submitted to the electorate, the proposition shall not be | 4 | | resubmitted for 4 years. | 5 | | The proposition shall be in substantially the following | 6 | | form: | 7 | | Shall (name of township) Township be discontinued and | 8 | | abolished with all the rights, powers, duties, assets, | 9 | | property, liabilities, obligations, and responsibilities | 10 | | being assumed by (name of county) County? | 11 | | The votes shall be recorded as "Yes" or "No". | 12 | | (60 ILCS 1/29-7 new) | 13 | | Sec. 29-7. Cost and services study. Prior to submitting a | 14 | | proposition to the voters under Section 29-5, the county board | 15 | | and the township board of the township being discontinued shall | 16 | | conduct or have conducted a cost and services study detailing | 17 | | the fiscal and service impact the discontinuance of the | 18 | | township would have on the taxpayers of the county and | 19 | | township. Any such cost and services study shall be completed | 20 | | not more than 45 days after the filing of a petition under | 21 | | Section 29-5. After receipt of the cost and services study by | 22 | | the county board and township board, and no later than 60 days | 23 | | after the filing of a petition under Section 29-5, the county | 24 | | board shall certify and cause the proposition to be submitted | 25 | | to the voters of the county to discontinue the township as |
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| 1 | | provided in Section 29-5. | 2 | | (60 ILCS 1/29-10 new) | 3 | | Sec. 29-10. Cessation of township. If a majority of the | 4 | | votes of the county cast are in favor of the proposition to | 5 | | discontinue and abolish the township, then the township shall | 6 | | cease after expiration of the township officers' terms under | 7 | | Section 29-15 of this Article. All laws relating to counties | 8 | | not under township organization shall be applicable to the | 9 | | township, the same as if the township organization had never | 10 | | been adopted. | 11 | | On the effective date of the discontinuance and abolishment | 12 | | of the township, all the rights, powers, duties, assets, | 13 | | property, liabilities, obligations, and responsibilities of | 14 | | the township shall by operation of law vest in and be assumed | 15 | | by the county. | 16 | | (60 ILCS 1/29-15 new) | 17 | | Sec. 29-15. Township officers. | 18 | | (a) The township officers of any township that is | 19 | | discontinued pursuant to this Article shall continue as | 20 | | officers of that township until the expiration of the | 21 | | respective terms for which they were elected or appointed. | 22 | | (b) On and after the expiration of the term of a township | 23 | | officer, the county board, or county department or officer | 24 | | designated by the county board, shall exercise all duties and |
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| 1 | | responsibilities of that township officer as provided in the | 2 | | Township Code, the Illinois Public Aid Code, Property Tax Code, | 3 | | and the Illinois Highway Code, as applicable. The county may | 4 | | enter into an intergovernmental agreement or contract with a | 5 | | municipality or the State to administer the duties and | 6 | | responsibilities of that township officer for services under | 7 | | its jurisdiction. | 8 | | (60 ILCS 1/29-20 new) | 9 | | Sec. 29-20. Cessation of township; taxing authority. The | 10 | | county in which the township is located shall assume all taxing | 11 | | authority of the township abolished under this Article. For | 12 | | purposes of distribution of revenue, the county board, or | 13 | | county department or officer designated by the county board, | 14 | | shall assume the powers, duties, and obligations of the | 15 | | township. | 16 | | (60 ILCS 1/29-25 new) | 17 | | Sec. 29-25. Business, records, and property of | 18 | | discontinued township. The records of a township discontinued | 19 | | under this Article shall be deposited in the county clerk's | 20 | | office. The county board, or county department or officer | 21 | | designated by the county board, may close up all unfinished | 22 | | business of the township and sell and dispose of any of the | 23 | | property belonging to the township for benefit of the | 24 | | inhabitants of the county. |
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| 1 | | Section 20. The Public Health District Act is amended by | 2 | | adding Section 27 as follows: | 3 | | (70 ILCS 905/27 new) | 4 | | Sec. 27. Cessation of township. If a township ceases as | 5 | | provided in Article 29 of the Township Code, then the county | 6 | | board, or county department or officer designated by the county | 7 | | board, shall assume the duties, powers, and responsibilities of | 8 | | the board of health for the public health district under this | 9 | | Act. | 10 | | Section 25. The Illinois Public Aid Code is amended by | 11 | | adding Section 12-3.2 as follows: | 12 | | (305 ILCS 5/12-3.2 new) | 13 | | Sec. 12-3.2. Cessation of township. Upon the | 14 | | discontinuance of a township as provided in Article 29 of the | 15 | | Township Code, the county shall provide funds for and | 16 | | administer the public aid program provided by Article VI. | 17 | | Section 30. The Illinois Highway Code is amended by adding | 18 | | Section 5-205.11 as follows: | 19 | | (605 ILCS 5/5-205.11 new) | 20 | | Sec. 5-205.11. Cessation of township. If a township ceases |
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| 1 | | as provided in Article 29 of the Township Code, then the county | 2 | | shall assume the duties of highway commissioner under this | 3 | | Code.
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.".
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