Public Act 0127 98TH GENERAL ASSEMBLY

SB1585 Enrolled LRB098 07311 OMW 37374 b

Public Act 098-0127

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 3-70 as follows:

(35 ILCS 200/3-70 new)

Sec. 3-70. Cessation of Township Assessor. If the office of Township Assessor in a coterminous township ceases as provided in Article 27 of the Township Code, then the coterminous municipality shall assume the duties of the Township Assessor under this Code.

Section 10. The Township Code is amended by adding Article 27 as follows:

(60 ILCS 1/Art. 27 heading new)

ARTICLE 27. DISCONTINUANCE OF TOWNSHIP ORGANIZATION WITHIN

COTERMINOUS MUNICIPALITY

(60 ILCS 1/27-5 new)

Sec. 27-5. Applicability. This Article shall apply only to a township that: (1) is within a coterminous, or substantially coterminous, municipality in which the city council exercises the powers and duties of the township board, or in which one or more municipal officials serve as an officer or trustee of the township; (2) is located within a county with a population of 3 million or more; and (3) contains a territory of 7 square miles or more.

(60 ILCS 1/27-10 new)

Sec. 27-10. Petition and referendum to discontinue and abolish a township organization within a coterminous municipality. Upon ordinance adopted by the city council of a township described under Section 27-5 of this Article, or upon petition of at least 10% of the registered voters of that township, the city council shall certify and cause to be submitted to the voters of the township, at the next election or consolidated election, a proposition to discontinue and abolish the township organization and to transfer all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of the township organization to the coterminous municipality.

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 90 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 90 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 the township organization be continued in [Name of Township] Township?

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

(60 ILCS 1/27-15 new)

Sec. 27-15. Cessation of township organization. If a majority of the votes of the township cast are in favor of the proposition to discontinue and abolish the township organization, then the township organization in that township shall cease.

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 coterminous municipality.

(60 ILCS 1/27-20 new)

Sec. 27-20. Township officers.

Upon the effective date of discontinuance, the coterminous municipality 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 coterminous municipality may enter into an intergovernmental agreement or contract with the county or the State to administer the duties and responsibilities of that township officer for services under its jurisdiction.

(60 ILCS 1/27-25 new)

Sec. 27-25. Business, records, and property of discontinued township organization. The records of a township organization discontinued under this Article shall be deposited in the coterminous municipality's city clerk's office. The coterminous municipality 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 municipality.

Section 15. The Public Health District Act is amended by adding Section 25 as follows:

(70 ILCS 905/25 new)

Sec. 25. Discontinuance of a coterminous township. If the office of Township Assessor in a coterminous township is discontinued as provided in Article 27 of the Township Code, then the coterminous municipality's Council members shall be the board of health for the public health district under this Act.

Section 20. The Illinois Public Aid Code is amended by adding Section 12-3.1 as follows:

(305 ILCS 5/12-3.1 new)

Sec. 12-3.1. Discontinuance of a coterminous township. Upon discontinuance of a coterminous township under Article 27 of the Township Code, the coterminous municipality shall provide funds for and administer the public aid program provided for under Article VI of this Code.

Section 25. The Illinois Highway Code is amended by adding Section 5-205.10 as follows:

(605 ILCS 5/5-205.10 new)

Sec. 5-205.10. Discontinuance of a coterminous township. If township organization is discontinued as provided in Article 27 of the Township Code, then the coterminous municipality shall assume the duties of highway commissioner under this Code.

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