Full Text of SB2289 99th General Assembly
SB2289 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB2289 Introduced 1/27/2016, by Sen. Pamela J. Althoff SYNOPSIS AS INTRODUCED: |
| 35 ILCS 200/18-51 new | |
60 ILCS 1/10-25 |
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60 ILCS 1/20-10 |
| 60 ILCS 1/27-10 | | 60 ILCS 1/28-10 | |
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Amends the Township Code. Removes a restriction requiring townships to possess an equalized assessed valuation of not less than $10,000,000 or 126 square miles. Further provides that after a vote or ordinance has approved the consolidation of a township, a county board may establish a new tax for the consolidated township or consolidated township and municipality. Amends the Property Tax Code making conforming changes.
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| | FISCAL NOTE ACT MAY APPLY | | HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY |
| | A BILL FOR |
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| | | SB2289 | | LRB099 18362 AWJ 42737 b |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Property Tax Code is amended by adding | 5 | | Section 18-51 as follows: | 6 | | (35 ILCS 200/18-51 new) | 7 | | Sec. 18-51. Property tax of consolidated townships. | 8 | | Notwithstanding any other law to the contrary, when townships | 9 | | are consolidated under Sections 20-5, 27-10, or 28-10 of the | 10 | | Township Code and the county board passes an ordinance or | 11 | | resolution requiring a new property tax levy rate to be levied | 12 | | on the new consolidated township or municipality, the county | 13 | | clerk shall calculate a new township or municipal property tax | 14 | | levy for the levy year in the year which the consolidation | 15 | | takes place equal to the amount stated by the county board. The | 16 | | new property tax levy shall contain all funds of the former tax | 17 | | levies and the county clerk shall proportionally reduce each | 18 | | fund unless otherwise required by the petition or ordinance. | 19 | | Section 10. The Township Code is amended by changing | 20 | | Sections 10-25, 20-10, 27-10, and 28-10 as follows:
| 21 | | (60 ILCS 1/10-25)
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| 1 | | Sec. 10-25. Plan for changes in townships.
| 2 | | (a) The county board of each county may, subject to a | 3 | | referendum in the
townships affected as provided in this | 4 | | Section, adopt a plan for altering the
boundaries of townships, | 5 | | changing township lines, dividing, enlarging, or
consolidating | 6 | | townships, or creating new townships , so that each township | 7 | | shall
possess an equalized assessed valuation of not less than | 8 | | $10,000,000 as of the
1982 assessment year or an area of not | 9 | | more than 126 square miles .
| 10 | | (b) No alteration or change in boundaries shall be | 11 | | effective unless
approved by a referendum in each township | 12 | | affected. The election authority
shall submit to the voters of | 13 | | each township affected, at a regular
election to be held not | 14 | | less than 60 days after the plan is adopted,
the question of | 15 | | approving the alteration or change. The alterations or changes,
| 16 | | if approved by the voters, shall take effect on the date of the | 17 | | next township
election and shall be applicable to that | 18 | | election. If there is doubt as to the
township clerk with whom | 19 | | nomination papers for that election should be filed,
the county | 20 | | board shall designate the clerk. In the alteration of | 21 | | boundaries, a
county board may not disturb urban or coterminous | 22 | | townships in existence on
October 1, 1978.
| 23 | | (Source: P.A. 84-1308; 88-62.)
| 24 | | (60 ILCS 1/20-10)
| 25 | | Sec. 20-10. Election results.
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| 1 | | (a) The county clerk shall enter an abstract of the returns | 2 | | of the election
held under Section 20-5, made out and certified | 3 | | as in an election for county
officers, and shall record the | 4 | | abstract at length upon the records of the
county.
| 5 | | (b) If a majority of the votes are in favor of | 6 | | consolidating all of the
townships and fractional parts of | 7 | | townships in the city into one organized
township, then at the | 8 | | next regular election for township officers there shall
be | 9 | | elected one set of township officers for the territory in the | 10 | | city.
| 11 | | (c) If a majority of the votes are in favor of | 12 | | consolidating all of the townships, the county board may by | 13 | | ordinance or resolution require that a new property tax levy | 14 | | rate be levied on the new consolidated township for the levy | 15 | | year in the year which the consolidation takes place at a rate | 16 | | determined by the county board and administered under Section | 17 | | 18-51 of the Property Tax Code. | 18 | | (Source: P.A. 81-1490; 88-62.)
| 19 | | (60 ILCS 1/27-10) | 20 | | Sec. 27-10. Petition and referendum to discontinue and | 21 | | abolish a township organization within a coterminous | 22 | | municipality. Upon adoption of an ordinance by the city council | 23 | | of a township described under Section 27-5 of this Article, or | 24 | | upon petition of at least 10% of the registered voters of that | 25 | | township, the city council shall certify and cause to be |
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| 1 | | submitted to the voters of the township, at the next election | 2 | | or consolidated election, a proposition to discontinue and | 3 | | abolish the township organization and to transfer all the | 4 | | rights, powers, duties, assets, property, liabilities, | 5 | | obligations, and responsibilities of the township organization | 6 | | to the coterminous municipality. | 7 | | A signature on a petition shall not be valid or counted in | 8 | | considering the petition unless the form requirements are | 9 | | complied with and the date of each signature is less than 90 | 10 | | days before the last day for filing the petition. The statement | 11 | | of the person who circulates the petition must include an | 12 | | attestation (i) indicating the dates on which that sheet was | 13 | | circulated, (ii) indicating the first and last date on which | 14 | | that sheet was circulated, or (iii) certifying that none of the | 15 | | signatures on the sheet was signed more than 90 days before the | 16 | | last day for filing the petition. The petition shall be treated | 17 | | and the proposition certified in the manner provided by the | 18 | | general election law. After the proposition has once been | 19 | | submitted to the electorate, the proposition shall not be | 20 | | resubmitted for 4 years. | 21 | | The proposition shall be in substantially the following | 22 | | form: | 23 | | Shall the township organization be continued in [Name | 24 | | of Township] Township? | 25 | | The votes shall be recorded as "Yes" or "No". | 26 | | If a majority of the votes are in favor of discontinuing |
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| 1 | | and abolishing a township organization, the county board may by | 2 | | ordinance or resolution require that a new tax levy rate be | 3 | | levied on the new consolidated municipality and township for | 4 | | the levy year in the year which the consolidation takes place | 5 | | at a rate determined by the county board and administered under | 6 | | Section 18-51 of the Property Tax Code.
| 7 | | (Source: P.A. 98-127, eff. 8-2-13; 98-756, eff. 7-16-14.) | 8 | | (60 ILCS 1/28-10) | 9 | | Sec. 28-10. Ordinance to discontinue and abolish a township | 10 | | organization within a coterminous municipality; cessation of | 11 | | township organization ; property tax levy . | 12 | | (a) The township board of a township described under | 13 | | Section 28-5 of this Article may adopt an ordinance, with a | 14 | | majority of the votes of the township board, providing that, | 15 | | upon the approval of a coterminous, or substantially | 16 | | coterminous, municipality's corporate authorities, (1) that | 17 | | the township organization shall discontinue and be abolished; | 18 | | and (2) that the township shall transfer all the rights, | 19 | | powers, duties, assets, property, liabilities, obligations, | 20 | | and responsibilities of the township organization to the | 21 | | coterminous, or substantially coterminous, municipality. The | 22 | | corporate authorities of the coterminous, or substantially | 23 | | coterminous, municipality shall adopt an ordinance by a | 24 | | majority vote approving such transfer to the municipality. | 25 | | (b) On the later date of either the (i) approval of an |
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| 1 | | ordinance by a municipality under subsection (a) of this | 2 | | Section, or (ii) expiration of the township officers' terms | 3 | | after passing an ordinance under subsection (a) of this | 4 | | Section, the township is discontinued and abolished and all the | 5 | | rights, powers, duties, assets, property, liabilities, | 6 | | obligations, and responsibilities of the township shall by | 7 | | operation of law vest in and be assumed by the municipality, | 8 | | including the authority to levy property taxes for township | 9 | | purposes in the same manner as the dissolved township.
| 10 | | (c) Prior to or after effective date of discontinuance and | 11 | | abolishment of the township organization under this Section, | 12 | | the county board may by ordinance or resolution require that a | 13 | | new tax levy rate be levied on the new consolidated | 14 | | municipality and township for the levy year in the year which | 15 | | the consolidation takes place at a rate determined by the | 16 | | county board and administered under Section 18-51 of the | 17 | | Property Tax Code. | 18 | | (Source: P.A. 99-474, eff. 8-27-15.)
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