HB4425ham001 98TH GENERAL ASSEMBLY

Rep. Emanuel Chris Welch

Filed: 3/20/2014

09800HB4425ham001 LRB098 18356 JLK 57180 a

AMENDMENT TO HOUSE BILL 4425

AMENDMENT NO. ______. Amend House Bill 4425 by replacing everything after the enacting clause with the following:

"Section 5. The Township Code is amended by changing Sections 27-5, 27-10, 27-15, 27-20, and 27-25 and by adding Section 27-10.5 as follows:

(60 ILCS 1/27-5)

Sec. 27-5. Applicability. This Article shall apply only to:

(a) 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; or .

(b) a township that (1) is within a coterminous, or substantially coterminous, village; (2) is located within a county with a population of 3 million or more; and (3) contains a territory of more than 2 and less than 3 square miles.

(Source: P.A. 98-127, eff. 8-2-13.)

(60 ILCS 1/27-10)

Sec. 27-10. Petition and referendum to discontinue and abolish a township organization within a coterminous municipality. Upon adoption of an ordinance adopted by the city council of a township described under Section 27-5(a) 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".

(Source: P.A. 98-127, eff. 8-2-13; revised 10-8-13.)

(60 ILCS 1/27-10.5 new)

Sec. 27-10.5. Referendum to discontinue and abolish a township organization within a coterminous village. Upon resolution by the board of trustees of a township described under Section 27-5(b) of this Article, or upon petition of at least 5% of the registered voters of that township, according to the voting registration records at the time the petition is filed, the township board of trustees 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.

The proposition shall be in substantially the following form:

Shall the township organization be transferred to and performed by the [name of village]?

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

(60 ILCS 1/27-15)

Sec. 27-15. Cessation of township organization. As provided in Sections 27-10 and 27-10.5, if 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 under Section 27-5(a) of this Article, 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.

For a township that is discontinued and abolished under Section 27-5(b), 180 days after the passage of the referendum 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 village, and the township shall cease and the terms of any then serving officials, elected or appointed, shall end. On the date of the passage of the referendum, the coterminous village shall have access to all records, files, policies, procedures, and financial documents of the township to aid in the transition process.

(Source: P.A. 98-127, eff. 8-2-13.)

(60 ILCS 1/27-20)

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.

(Source: P.A. 98-127, eff. 8-2-13.)

(60 ILCS 1/27-25)

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.

(Source: P.A. 98-127, eff. 8-2-13.)

Section 10. The Public Health District Act is amended by changing Section 25 as follows:

(70 ILCS 905/25)

Sec. 25. Discontinuance of a coterminous township. Upon discontinuance of a coterminous township under 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 or corporate authorities shall be the board of health for the public health district under this Act.

(Source: P.A. 98-127, eff. 8-2-13.)".