HB6206 97TH GENERAL ASSEMBLY

LRB097 22170 HLH 70901 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB6206

Introduced , by Rep. Paul Evans

SYNOPSIS AS INTRODUCED:

See Index

Amends the Township Code. Provides that township organization within a coterminous municipality may be discontinued and abolished upon referendum approval. Provides that, if a majority of the votes of the township are cast in favor of the proposition to discontinue and abolish the township organization, then the township organization in that township shall cease, and 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 city council or board of trustees of the municipality. Provides that city council or board of trustees of the municipality shall, by ordinance, delegate the duties and responsibilities of a township officer to any elected or appointed official of that municipality or to any employee of that municipality. Provides that the township officers of any township that is discontinued shall continue as officers of that township until the expiration of the respective terms for which they were elected or appointed. Amends the Property Tax Code, the Public Health District Act, the Illinois Public Aid Code, and the Illinois Highway Code to provide that, for a township organization that has been discontinued and has had its duties, powers, and responsibilities transferred to a coterminous municipality, the municipality shall assume the duties of the township organization or officer of the township organization, as appropriate, exercised under those Acts. 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 Property Tax Code is amended by adding Section 2-85 as follows:

(35 ILCS 200/2-85 new)

Sec. 2-85. Cessation of township organization. If township organization ceases as provided in Article 27 of the Township Code, then the municipality shall assume the duties of the township assessor under this Code.

Section 10. The Township Code is amended by adding Article 27 as follows:

(60 ILCS 1/Art. 27 heading new)

ARTICLE 27. DISCONTINUANCE OF TOWNSHIP ORGANIZATION WITHIN

COTERMINOUS MUNICIPALITY

(60 ILCS 1/27-5 new)

Sec. 27-5. Petition and referendum to discontinue and abolish a township organization within a coterminous municipality. Upon ordinance or resolution adopted by the township board of a township coterminous with a municipality or by the corporate authorities of that municipality, or upon petition of at least 10% of the registered voters of that township, the township board shall certify and cause to be submitted to the voters of the township, at the next 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 (name of township) be discontinued and abolished with all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities being assumed by (name of municipality)?

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

(60 ILCS 1/27-10 new)

Sec. 27-10. Cessation of township organization. If a majority of the votes of the township are cast in favor of the proposition to discontinue and abolish the township organization, then the township organization in that township shall cease on December 31 of the calendar year in which the terms of office of all officers of the township who are serving on the date the proposition is submitted to the electorate would normally expire.

On the effective date of the discontinuance and abolishment of the township organization, 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 city council or board of trustees of the municipality, subject to the provisions of Section 27-15.

For the purposes of this Section, the term office of a township officer is deemed to have expired on the day immediately prior to the first date upon which any properly elected and qualified successor could enter upon his or her duties, as provided in Section 50-15 or 50-40 of this Code, as applicable.

(60 ILCS 1/27-15 new)

Sec. 27-15. Township officers.

(a) The township officers of any township that is discontinued pursuant to this Article who are serving on the date the proposition to discontinue township organization is submitted to the electorate shall continue as officers of that township until the expiration of the respective terms for which they were elected or appointed.

(b) On and after the expiration of the term of a township officer of a township that is discontinued pursuant to this Article, the city council or board of trustees of the municipality shall exercise all duties and responsibilities of that township officer as provided in this Code, the Illinois Public Aid Code, Property Tax Code, and the Illinois Highway Code, as applicable. On or after the expiration of the term of that township officer, the city council or board of trustees of the municipality shall, by ordinance: (1) delegate the duties and responsibilities of that township officer to any elected or appointed official of that municipality or to any employee of that municipality; or (2) 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; or (3) a combination of (1) and (2).

(c) For the purposes of this Section, the term office of a township officer is deemed to have expired on the day immediately prior to the first date upon which any properly elected and qualified successor could enter upon his or her duties, as provided in Section 50-15 or 50-40 of this Code, as applicable.

(60 ILCS 1/27-20 new)

Sec. 27-20. Cessation of township; taxing authority. Upon the discontinuance of township organization as provided in this Article, the municipality shall assume all taxing authority of the township abolished under this Article. For purposes of distribution of revenue, the municipality shall assume the powers, duties, and obligations of the township.

(60 ILCS 1/27-25 new)

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 municipality's city clerk's office. The 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.

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 organization. If township organization ceases as provided in Article 27 of the Township Code, then the municipality shall assume the duties, powers, and responsibilities of the board of health for the public health district under this Act.

Section 20. The Illinois Public Aid Code is amended by adding Section 12-3.1 as follows:

(305 ILCS 5/12-3.1 new)

Sec. 12-3.1. Cessation of township organization. Upon the discontinuance of township organization as provided in Article 27 of the Township Code, the municipality shall provide funds for and administer the public aid program provided by Article VI.

Section 25. 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 organization. If township organization ceases as provided in Article 27 of the Township Code, then the municipality shall assume the duties of highway commissioner under this Code.

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