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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3693 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
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| 35 ILCS 200/3-70 | | 60 ILCS 1/Art. 27 heading | | 60 ILCS 1/Art. 28 heading new | | 60 ILCS 1/28-5 new | | 60 ILCS 1/28-10 new | | 60 ILCS 1/28-15 new | | 60 ILCS 1/28-20 new | | 70 ILCS 905/25 | | 305 ILCS 5/12-3.1 | | 605 ILCS 5/5-205.10 | |
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Amends the Township Code. Provides that certain townships that are: (1) within a coterminous, or substantially coterminous, municipality; (2) in a county with a population of 270,000 or more; and (3) 23 square miles or more may adopt an ordinance to discontinue and abolish the township organization and transfer all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of the township to the coterminous municipality. Further provides for procedures for the retention of township records and the disposition of any of the property belonging to the township. 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.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | HB3693 | | LRB099 11128 AWJ 31575 b |
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| 1 | | AN ACT concerning local government.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Property Tax Code is amended by changing |
| 5 | | Section 3-70 as follows:
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| 6 | | (35 ILCS 200/3-70) |
| 7 | | Sec. 3-70. Cessation of Township Assessor. If the office of |
| 8 | | Township Assessor in a coterminous township ceases as provided |
| 9 | | in Articles Article 27 and 28 of the Township Code, then the |
| 10 | | coterminous municipality shall assume the duties of the |
| 11 | | Township Assessor under this Code.
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| 12 | | (Source: P.A. 98-127, eff. 8-2-13.)
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| 13 | | Section 10. The Township Code is amended by changing the |
| 14 | | heading of Article 27 and by adding Article 28 as follows:
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| 15 | | (60 ILCS 1/Art. 27 heading) |
| 16 | | ARTICLE 27. DISCONTINUANCE OF TOWNSHIP |
| 17 | | ORGANIZATION WITHIN COTERMINOUS MUNICIPALITY :
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| 18 | | COUNTY POPULATION OF 3 MILLION OR MORE |
| 19 | | (Source: P.A. 98-127, eff. 8-2-13.)
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| 20 | | (60 ILCS 1/Art. 28 heading new) |
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| 1 | | ARTICLE 28. DISCONTINUANCE OF TOWNSHIP |
| 2 | | ORGANIZATION WITHIN COTERMINOUS |
| 3 | | MUNICIPALITY: SPECIFIED TOWNSHIPS
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| 4 | | (60 ILCS 1/28-5 new) |
| 5 | | Sec. 28-5. Applicability. This Article shall apply only to |
| 6 | | a township that: (1) is within a coterminous, or substantially |
| 7 | | coterminous, municipality, (2) is located within a county with |
| 8 | | a population of 270,000 or more determined using the most |
| 9 | | recent federal decennial census, and (3) contains a territory |
| 10 | | of 23 square miles or more.
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| 11 | | (60 ILCS 1/28-10 new) |
| 12 | | Sec. 28-10. Ordinance to discontinue and abolish a township |
| 13 | | organization within a coterminous municipality; cessation of |
| 14 | | township organization. |
| 15 | | (a) The township board of a township described under |
| 16 | | Section 28-5 of this Article may adopt an ordinance, with a |
| 17 | | majority of the votes of the township board, providing that, |
| 18 | | upon the approval of a coterminous, or substantially |
| 19 | | coterminous, municipality's corporate authorities, (1) that |
| 20 | | the township organization shall discontinue and be abolished; |
| 21 | | and (2) that the township shall transfer all the rights, |
| 22 | | powers, duties, assets, property, liabilities, obligations, |
| 23 | | and responsibilities of the township organization to the |
| 24 | | coterminous, or substantially coterminous, municipality. The |
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| | HB3693 | - 3 - | LRB099 11128 AWJ 31575 b |
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| 1 | | corporate authorities of the coterminous, or substantially |
| 2 | | coterminous, municipality shall adopt an ordinance by a |
| 3 | | majority vote approving such transfer to the municipality. |
| 4 | | (b) On the later date of either the (i) approval of an |
| 5 | | ordinance by a municipality under subsection (a) of this |
| 6 | | Section, or (ii) expiration of the township officers' terms |
| 7 | | after passing an ordinance under subsection (a) of this |
| 8 | | Section, the township is discontinued and abolished and all the |
| 9 | | rights, powers, duties, assets, property, liabilities, |
| 10 | | obligations, and responsibilities of the township shall by |
| 11 | | operation of law vest in and be assumed by the municipality, |
| 12 | | including the authority to levy property taxes for township |
| 13 | | purposes in the same manner as the dissolved township.
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| 14 | | (60 ILCS 1/28-15 new) |
| 15 | | Sec. 28-15. Coterminous municipality's duties and |
| 16 | | responsibilities. Upon the effective date of discontinuance |
| 17 | | and abolishment of the township organization, the coterminous |
| 18 | | municipality shall exercise all duties and responsibilities of |
| 19 | | the township officers as provided in the Township Code, the |
| 20 | | Illinois Public Aid Code, the Property Tax Code, and the |
| 21 | | Illinois Highway Code, as applicable. The coterminous |
| 22 | | municipality may enter into an intergovernmental agreement or |
| 23 | | contract with the county or the State to administer the duties |
| 24 | | and responsibilities of the township officers for services |
| 25 | | under its jurisdiction.
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| 1 | | (60 ILCS 1/28-20 new) |
| 2 | | Sec. 28-20. Business, records, and property of |
| 3 | | discontinued township organization. The records of a township |
| 4 | | organization discontinued under this Article shall be |
| 5 | | deposited in the coterminous municipality's city clerk's |
| 6 | | office. The coterminous municipality may close up all |
| 7 | | unfinished business of the township and sell and dispose of any |
| 8 | | of the property belonging to the township for benefit of the |
| 9 | | inhabitants of the coterminous municipality.
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| 10 | | Section 15. The Public Health District Act is amended by |
| 11 | | changing Section 25 as follows:
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| 12 | | (70 ILCS 905/25) |
| 13 | | Sec. 25. Discontinuance of a coterminous township. If the |
| 14 | | office of Township Assessor in a coterminous township is |
| 15 | | discontinued as provided in Articles Article 27 and 28 of the |
| 16 | | Township Code, then the coterminous municipality's Council |
| 17 | | members shall be the board of health for the public health |
| 18 | | district under this Act.
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| 19 | | (Source: P.A. 98-127, eff. 8-2-13.)
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| 20 | | Section 20. The Illinois Public Aid Code is amended by |
| 21 | | changing Section 12-3.1 as follows:
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| 1 | | (305 ILCS 5/12-3.1) |
| 2 | | Sec. 12-3.1. Discontinuance of a coterminous township. |
| 3 | | Upon discontinuance of a coterminous township under Articles |
| 4 | | Article 27 and 28 of the Township Code, the coterminous |
| 5 | | municipality shall provide funds for and administer the public |
| 6 | | aid program provided for under Article VI of this Code.
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| 7 | | (Source: P.A. 98-127, eff. 8-2-13.)
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| 8 | | Section 25. The Illinois Highway Code is amended by |
| 9 | | changing Section 5-205.10 as follows:
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| 10 | | (605 ILCS 5/5-205.10) |
| 11 | | Sec. 5-205.10. Discontinuance of a coterminous township. |
| 12 | | If township organization is discontinued as provided in |
| 13 | | Articles Article 27 and 28 of the Township Code, then the |
| 14 | | coterminous municipality shall assume the duties of highway |
| 15 | | commissioner under this Code.
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| 16 | | (Source: P.A. 98-127, eff. 8-2-13.)
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| 17 | | Section 99. Effective date. This Act takes effect upon |
| 18 | | becoming law.
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