98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB1491

 

Introduced , by Rep. Dwight Kay

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Township Code. Provides that township organization within a coterminous municipality may be discontinued and abolished upon referendum approval. Provides that, if a majority of the votes of the township are cast in favor of the proposition to discontinue and abolish the township organization, then the township organization in that township shall cease, and 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 city council or board of trustees of the municipality. Provides that city council or board of trustees of the municipality shall, by ordinance, delegate the duties and responsibilities of a township officer to any elected or appointed official of that municipality or to any employee of that municipality. 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. Amends the Property Tax Code, the Public Health District Act, the Illinois Public Aid Code, and the Illinois Highway Code to provide that, for a township organization that has been discontinued and has had its duties, powers, and responsibilities transferred to a coterminous municipality, the municipality shall assume the duties of the township organization or officer of the township organization, as appropriate, exercised under those Acts. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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 5. The Property Tax Code is amended by adding
5Section 2-85 as follows:
 
6    (35 ILCS 200/2-85 new)
7    Sec. 2-85. Cessation of township organization. If township
8organization ceases as provided in Article 27 of the Township
9Code, then the municipality shall assume the duties of the
10township assessor under this Code.
 
11    Section 10. The Township Code is amended by adding Article
1227 as follows:
 
13    (60 ILCS 1/Art. 27 heading new)
14
ARTICLE 27. DISCONTINUANCE OF TOWNSHIP ORGANIZATION WITHIN
15
COTERMINOUS MUNICIPALITY

 
16    (60 ILCS 1/27-5 new)
17    Sec. 27-5. Petition and referendum to discontinue and
18abolish a township organization within a coterminous
19municipality. Upon ordinance or resolution adopted by the
20township board of a township coterminous with a municipality or

 

 

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1by the corporate authorities of that municipality, or upon
2petition of at least 10% of the registered voters of that
3township, the township board shall certify and cause to be
4submitted to the voters of the township, at the next election,
5a proposition to discontinue and abolish the township
6organization and to transfer all the rights, powers, duties,
7assets, property, liabilities, obligations, and
8responsibilities of the township organization to the
9coterminous municipality.
10    A signature on a petition shall not be valid or counted in
11considering the petition unless the form requirements are
12complied with and the date of each signature is less than 90
13days before the last day for filing the petition. The statement
14of the person who circulates the petition must include an
15attestation (i) indicating the dates on which that sheet was
16circulated, (ii) indicating the first and last date on which
17that sheet was circulated, or (iii) certifying that none of the
18signatures on the sheet was signed more than 90 days before the
19last day for filing the petition. The petition shall be treated
20and the proposition certified in the manner provided by the
21general election law. After the proposition has once been
22submitted to the electorate, the proposition shall not be
23resubmitted for 4 years.
24    The proposition shall be in substantially the following
25form:
26        Shall (name of township) be discontinued and abolished

 

 

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1    with all the rights, powers, duties, assets, property,
2    liabilities, obligations, and responsibilities being
3    assumed by (name of municipality)?
4    The votes shall be recorded as "Yes" or "No".
 
5    (60 ILCS 1/27-10 new)
6    Sec. 27-10. Cessation of township organization. If a
7majority of the votes of the township are cast in favor of the
8proposition to discontinue and abolish the township
9organization, then the township organization in that township
10shall cease on December 31 of the calendar year in which the
11terms of office of all officers of the township who are serving
12on the date the proposition is submitted to the electorate
13would normally expire.
14    On the effective date of the discontinuance and abolishment
15of the township organization, all the rights, powers, duties,
16assets, property, liabilities, obligations, and
17responsibilities of the township shall by operation of law vest
18in and be assumed by the city council or board of trustees of
19the municipality, subject to the provisions of Section 27-15.
20    For the purposes of this Section, the term office of a
21township officer is deemed to have expired on the day
22immediately prior to the first date upon which any properly
23elected and qualified successor could enter upon his or her
24duties, as provided in Section 50-15 or 50-40 of this Code, as
25applicable.
 

 

 

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1    (60 ILCS 1/27-15 new)
2    Sec. 27-15. Township officers.
3    (a) The township officers of any township that is
4discontinued pursuant to this Article who are serving on the
5date the proposition to discontinue township organization is
6submitted to the electorate shall continue as officers of that
7township until the expiration of the respective terms for which
8they were elected or appointed.
9    (b) On and after the expiration of the term of a township
10officer of a township that is discontinued pursuant to this
11Article, the city council or board of trustees of the
12municipality shall exercise all duties and responsibilities of
13that township officer as provided in this Code, the Illinois
14Public Aid Code, Property Tax Code, and the Illinois Highway
15Code, as applicable. On or after the expiration of the term of
16that township officer, the city council or board of trustees of
17the municipality shall, by ordinance: (1) delegate the duties
18and responsibilities of that township officer to any elected or
19appointed official of that municipality or to any employee of
20that municipality; or (2) enter into an intergovernmental
21agreement or contract with the county or the State to
22administer the duties and responsibilities of that township
23officer for services under its jurisdiction; or (3) a
24combination of (1) and (2).
25    (c) For the purposes of this Section, the term office of a

 

 

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1township officer is deemed to have expired on the day
2immediately prior to the first date upon which any properly
3elected and qualified successor could enter upon his or her
4duties, as provided in Section 50-15 or 50-40 of this Code, as
5applicable.
 
6    (60 ILCS 1/27-20 new)
7    Sec. 27-20. Cessation of township; taxing authority. Upon
8the discontinuance of township organization as provided in this
9Article, the municipality shall assume all taxing authority of
10the township abolished under this Article. For purposes of
11distribution of revenue, the municipality shall assume the
12powers, duties, and obligations of the township.
 
13    (60 ILCS 1/27-25 new)
14    Sec. 27-25. Business, records, and property of
15discontinued township organization. The records of a township
16organization discontinued under this Article shall be
17deposited in the municipality's city clerk's office. The
18municipality may close up all unfinished business of the
19township and sell and dispose of any of the property belonging
20to the township for benefit of the inhabitants of the
21municipality.
 
22    Section 15. The Public Health District Act is amended by
23adding Section 25 as follows:
 

 

 

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1    (70 ILCS 905/25 new)
2    Sec. 25. Cessation of township organization. If township
3organization ceases as provided in Article 27 of the Township
4Code, then the municipality shall assume the duties, powers,
5and responsibilities of the board of health for the public
6health district under this Act.
 
7    Section 20. The Illinois Public Aid Code is amended by
8adding Section 12-3.1 as follows:
 
9    (305 ILCS 5/12-3.1 new)
10    Sec. 12-3.1. Cessation of township organization. Upon the
11discontinuance of township organization as provided in Article
1227 of the Township Code, the municipality shall provide funds
13for and administer the public aid program provided by Article
14VI.
 
15    Section 25. The Illinois Highway Code is amended by adding
16Section 5-205.10 as follows:
 
17    (605 ILCS 5/5-205.10 new)
18    Sec. 5-205.10. Cessation of township organization. If
19township organization ceases as provided in Article 27 of the
20Township Code, then the municipality shall assume the duties of
21highway commissioner under this Code.
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    35 ILCS 200/2-85 new
4    60 ILCS 1/Art. 27 heading
5    new
6    60 ILCS 1/27-5 new
7    60 ILCS 1/27-10 new
8    60 ILCS 1/27-15 new
9    60 ILCS 1/27-20 new
10    60 ILCS 1/27-25 new
11    70 ILCS 905/25 new
12    305 ILCS 5/12-3.1 new
13    605 ILCS 5/5-205.10 new