HB4973 97TH GENERAL ASSEMBLY

LRB097 17035 KMW 62231 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4973

Introduced 2/3/2012, by Rep. Rosemary Mulligan

SYNOPSIS AS INTRODUCED:

60 ILCS 1/Art. 27 heading new
60 ILCS 1/27-5 new
60 ILCS 1/27-10 new
60 ILCS 1/27-15 new
35 ILCS 200/3-70 new
70 ILCS 905/25 new
605 ILCS 5/5-205.10 new

Amends the Township Code. Provides that the voters of a township that is in a county with a population of 2,000,000 or more inhabitants may vote to discontinue the office of Highway Commissioner, the office of the Township Assessor, or both. Provides that if the office of Highway Commissioner or Township Assessor is discontinued, the applicable county office shall assume the duties of Highway Commissioner or Township Assessor. Further provides that if the office of Township Assessor is discontinued, then the Office of the Township Collector shall also cease. Sets forth procedures for distributing the assets of the office of Highway Commissioner if the office is discontinued. Amends the Property Tax Code. Provides that if the office of Township Assessor is discontinued, then the Supervisor of Assessments or County Assessor, as applicable, shall assume the duties of the Township Assessor. Amends the Public Health District Act. Provides that if the office of Township Assessor is discontinued, then the county board members shall be the board of health for the public health district. Amends the Highway Code. Provides that if the office of Highway Commissioner is discontinued, then the county superintendent of highways or the county engineer, as applicable, shall assume the duties of Highway Commissioner. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Township Code is amended by adding the heading of Article 27 and Sections 27-5, 27-10, and 27-15 as follows:

(60 ILCS 1/Art. 27 heading new)

ARTICLE 27. DISCONTINUANCE OF CERTAIN TOWNSHIP OFFICES

(60 ILCS 1/27-5 new)

Sec. 27-5. Referendum to discontinue township organization. By petition of at least 10% of the registered voters of a township, as determined on the date registration closed before the regular election next preceding the last day on which the petition may be filed, of a county that has adopted township organization and has a population of 2,000,000 or more inhabitants, or upon ordinance or resolution adopted by the township board, the township board shall certify and cause to be submitted to the voters of the township, at the next election, the questions of the continuance of the office of Highway Commissioner and the office of Township Assessor. 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 propositions certified in the manner provided by the general election law.

The propositions shall be in substantially the following form:

Shall the office of Highway Commissioner be continued in (name of township)?

Shall the office of Township Assessor be continued in (name of township)?

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

(60 ILCS 1/27-10 new)

Sec. 27-10. Cessation of offices in a township. If a majority of the votes of the township cast on the question of the continuance of the office of Highway Commissioner or the office of Township Assessor at the election are against either of the proposed options for continuance, then the office of Highway Commissioner, the office of Township Assessor, or both, as applicable, shall cease in the township at the end of the current term of office. If the office of the Highway Commissioner ceases, then the county superintendent of highways or the county engineer, as applicable, shall assume the duties of Highway Commissioner under the Illinois Highway Code. If the office of Township Assessor ceases, then (i) the county supervisor of assessments or county assessor, as applicable, shall assume the duties of the Township Assessor under the Property Tax Code, (ii) the county board members shall be the board of health for the public health district under the Public Health District Act, and (iii) the Office of the Township Collector shall also cease.

(60 ILCS 1/27-15 new)

Sec. 27-15. Township assets. If the office of Highway Commissioner is discontinued, then the assets of that office shall be appraised and distributed equally between the county and the township.

Section 10. The Property Tax Code is amended by adding Section 3-70 as follows:

(35 ILCS 200/3-70 new)

Sec. 3-70. Cessation of Township Assessor. If the office of Township Assessor ceases as provided in Article 27 of the Township Code, then the Supervisor of Assessments or County Assessor, as applicable, shall assume the duties of the Township Assessor under this Code.

Section 15. The Public Health District Act is amended by adding Section 25 as follows:

(70 ILCS 905/25 new)

Sec. 25. Cessation of Township Assessor. If the office of Township Assessor ceases as provided in Article 27 of the Township Code, then the county board members shall be the board of health for the public health district under this Act.

Section 20. The Illinois Highway Code is amended by adding Section 5-205.10 as follows:

(605 ILCS 5/5-205.10 new)

Sec. 5-205.10. Cessation of township Highway Commissioner. If the office of Highway Commissioner ceases as provided in Article 27 of the Township Code, then the county superintendent of highways or the county engineer, as applicable, shall assume the duties of Highway Commissioner under this Code.

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