Full Text of HB4425 98th General Assembly
HB4425ham001 98TH GENERAL ASSEMBLY | Rep. Emanuel Chris Welch Filed: 3/20/2014
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| 1 | | AMENDMENT TO HOUSE BILL 4425
| 2 | | AMENDMENT NO. ______. Amend House Bill 4425 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Township Code is amended by changing | 5 | | Sections 27-5, 27-10, 27-15, 27-20, and 27-25 and by adding | 6 | | Section 27-10.5 as follows: | 7 | | (60 ILCS 1/27-5) | 8 | | Sec. 27-5. Applicability. This Article shall apply only to : | 9 | | (a) a township that: (1) is within a coterminous, or | 10 | | substantially coterminous, municipality in which the city | 11 | | council exercises the powers and duties of the township board, | 12 | | or in which one or more municipal officials serve as an officer | 13 | | or trustee of the township; (2) is located within a county with | 14 | | a population of 3 million or more; and (3) contains a territory | 15 | | of 7 square miles or more ; or .
| 16 | | (b) a township that (1) is within a coterminous, or |
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| 1 | | substantially coterminous, village; (2) is located within a | 2 | | county with a population of 3 million or more; and (3) contains | 3 | | a territory of more than 2 and less than 3 square miles. | 4 | | (Source: P.A. 98-127, eff. 8-2-13.) | 5 | | (60 ILCS 1/27-10) | 6 | | Sec. 27-10. Petition and referendum to discontinue and | 7 | | abolish a township organization within a coterminous | 8 | | municipality. Upon adoption of an ordinance adopted by the city | 9 | | council of a township described under Section 27-5 (a) of this | 10 | | Article, or upon petition of at least 10% of the registered | 11 | | voters of that township, the city council shall certify and | 12 | | cause to be submitted to the voters of the township, at the | 13 | | next election or consolidated election, a proposition to | 14 | | discontinue and abolish the township organization and to | 15 | | transfer all the rights, powers, duties, assets, property, | 16 | | liabilities, obligations, and responsibilities of the township | 17 | | organization to the coterminous municipality. | 18 | | A signature on a petition shall not be valid or counted in | 19 | | considering the petition unless the form requirements are | 20 | | complied with and the date of each signature is less than 90 | 21 | | days before the last day for filing the petition. The statement | 22 | | of the person who circulates the petition must include an | 23 | | attestation (i) indicating the dates on which that sheet was | 24 | | circulated, (ii) indicating the first and last date on which | 25 | | that sheet was circulated, or (iii) certifying that none of the |
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| 1 | | signatures on the sheet was signed more than 90 days before the | 2 | | last day for filing the petition. The petition shall be treated | 3 | | and the proposition certified in the manner provided by the | 4 | | general election law. After the proposition has once been | 5 | | submitted to the electorate, the proposition shall not be | 6 | | resubmitted for 4 years. | 7 | | The proposition shall be in substantially the following | 8 | | form: | 9 | | Shall the township organization be continued in [Name | 10 | | of Township] Township? | 11 | | The votes shall be recorded as "Yes" or "No".
| 12 | | (Source: P.A. 98-127, eff. 8-2-13; revised 10-8-13.) | 13 | | (60 ILCS 1/27-10.5 new) | 14 | | Sec. 27-10.5. Referendum to discontinue and abolish a | 15 | | township organization within a coterminous village. Upon | 16 | | resolution by the board of trustees of a township described | 17 | | under Section 27-5(b) of this Article, or upon petition of at | 18 | | least 5% of the registered voters of that township, according | 19 | | to the voting registration records at the time the petition is | 20 | | filed, the township board of trustees shall certify and cause | 21 | | to be submitted to the voters of the township, at the next | 22 | | election or consolidated election, a proposition to | 23 | | discontinue and abolish the township organization and to | 24 | | transfer all the rights, powers, duties, assets, property, | 25 | | liabilities, obligations, and responsibilities of the township |
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| 1 | | organization to the coterminous municipality. | 2 | | A signature on a petition shall not be valid or counted in | 3 | | considering the petition unless the form requirements are | 4 | | complied with and the date of each signature is less than 90 | 5 | | days before the last day for filing the petition. The statement | 6 | | of the person who circulates the petition must include an | 7 | | attestation (i) indicating the dates on which that sheet was | 8 | | circulated, (ii) indicating the first and last date on which | 9 | | that sheet was circulated, or (iii) certifying that none of the | 10 | | signatures on the sheet was signed more than 90 days before the | 11 | | last day for filing the petition. The petition shall be treated | 12 | | and the proposition certified in the manner provided by the | 13 | | general election law. | 14 | | The proposition shall be in substantially the following | 15 | | form: | 16 | | Shall the township organization be transferred to and | 17 | | performed by the [name of village]? | 18 | | The votes shall be recorded as "Yes" or "No". | 19 | | (60 ILCS 1/27-15) | 20 | | Sec. 27-15. Cessation of township organization. As | 21 | | provided in Sections 27-10 and 27-10.5, if If a majority of the | 22 | | votes of the township cast are in favor of the proposition to | 23 | | discontinue and abolish the township organization, then the | 24 | | township organization in that township shall cease. | 25 | | On the effective date of the discontinuance and abolishment |
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| 1 | | of the township organization under Section 27-5(a) of this | 2 | | Article , all the rights, powers, duties, assets, property, | 3 | | liabilities, obligations, and responsibilities of the township | 4 | | shall by operation of law vest in and be assumed by the | 5 | | coterminous municipality.
| 6 | | For a township that is discontinued and abolished under | 7 | | Section 27-5(b), 180 days after the passage of the referendum | 8 | | all the rights, powers, duties, assets, property, liabilities, | 9 | | obligations, and responsibilities of the township shall by | 10 | | operation of law vest in and be assumed by the coterminous | 11 | | village, and the township shall cease and the terms of any then | 12 | | serving officials, elected or appointed, shall end. On the date | 13 | | of the passage of the referendum, the coterminous village shall | 14 | | have access to all records, files, policies, procedures, and | 15 | | financial documents of the township to aid in the transition | 16 | | process. | 17 | | (Source: P.A. 98-127, eff. 8-2-13.) | 18 | | (60 ILCS 1/27-20) | 19 | | Sec. 27-20. Township officers. Upon the effective date of | 20 | | discontinuance, the coterminous municipality shall exercise | 21 | | all duties and responsibilities of that township officer as | 22 | | provided in the Township Code, the Illinois Public Aid Code, | 23 | | Property Tax Code, and the Illinois Highway Code, as | 24 | | applicable. The coterminous municipality may enter into an | 25 | | intergovernmental agreement or contract with the county or the |
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| 1 | | State to administer the duties and responsibilities of that | 2 | | township officer for services under its jurisdiction.
| 3 | | (Source: P.A. 98-127, eff. 8-2-13.) | 4 | | (60 ILCS 1/27-25) | 5 | | Sec. 27-25. Business, records, and property of | 6 | | discontinued township organization. The records of a township | 7 | | organization discontinued under this Article shall be | 8 | | deposited in the coterminous municipality's city clerk's | 9 | | office. The coterminous municipality may close up all | 10 | | unfinished business of the township and sell and dispose of any | 11 | | of the property belonging to the township for benefit of the | 12 | | inhabitants of the municipality.
| 13 | | (Source: P.A. 98-127, eff. 8-2-13.) | 14 | | Section 10. The Public Health District Act is amended by | 15 | | changing Section 25 as follows: | 16 | | (70 ILCS 905/25) | 17 | | Sec. 25. Discontinuance of a coterminous township. Upon | 18 | | discontinuance of a coterminous township under If the office of | 19 | | Township Assessor in a coterminous township is discontinued as | 20 | | provided in Article 27 of the Township Code, then the | 21 | | coterminous municipality's Council members or corporate | 22 | | authorities shall be the board of health for the public health | 23 | | district under this Act.
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| 1 | | (Source: P.A. 98-127, eff. 8-2-13.)".
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