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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB4425 Introduced , by Rep. Emanuel Chris Welch SYNOPSIS AS INTRODUCED: |
| 60 ILCS 1/27-5 | | 60 ILCS 1/27-10 | | 60 ILCS 1/27-10.5 new | | 60 ILCS 1/27-15 | | 60 ILCS 1/27-20 | | 60 ILCS 1/27-25 | | 70 ILCS 905/25 | |
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Amends the Township Code. Provides that a township that: (1) is within a coterminous, or substantially coterminous, village; (2) is located within a county with a population of 3 million or more; and (3) contains a territory of more than 2 and less than 3 square miles shall be eligible to discontinue and abolish a township organization within a coterminous municipality. Amends the Public Health District Act. Provides that the coterminous municipality that assumes the rights, powers, duties, and obligations of a discontinued coterminous township shall have the municipality's Council members or corporate authorities serve as the board of health for the public health district under the Act.
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| | A BILL FOR |
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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 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 .
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16 | | (b) a township that (1) is within a coterminous, or |
17 | | substantially coterminous, village; (2) is located within a |
18 | | county with a population of 3 million or more; and (3) contains |
19 | | a territory of more than 2 and less than 3 square miles. |
20 | | (Source: P.A. 98-127, eff. 8-2-13.) |
21 | | (60 ILCS 1/27-10) |
22 | | Sec. 27-10. Petition and referendum to discontinue and |
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1 | | abolish a township organization within a coterminous |
2 | | municipality. Upon adoption of an ordinance adopted by the city |
3 | | council of a township described under Section 27-5 (a) of this |
4 | | Article, or upon petition of at least 10% of the registered |
5 | | voters of that township, the city council shall certify and |
6 | | cause to be submitted to the voters of the township, at the |
7 | | next election or consolidated election, a proposition to |
8 | | discontinue and abolish the township organization and to |
9 | | transfer all the rights, powers, duties, assets, property, |
10 | | liabilities, obligations, and responsibilities of the township |
11 | | organization to the coterminous municipality. |
12 | | A signature on a petition shall not be valid or counted in |
13 | | considering the petition unless the form requirements are |
14 | | complied with and the date of each signature is less than 90 |
15 | | days before the last day for filing the petition. The statement |
16 | | of the person who circulates the petition must include an |
17 | | attestation (i) indicating the dates on which that sheet was |
18 | | circulated, (ii) indicating the first and last date on which |
19 | | that sheet was circulated, or (iii) certifying that none of the |
20 | | signatures on the sheet was signed more than 90 days before the |
21 | | last day for filing the petition. The petition shall be treated |
22 | | and the proposition certified in the manner provided by the |
23 | | general election law. After the proposition has once been |
24 | | submitted to the electorate, the proposition shall not be |
25 | | resubmitted for 4 years. |
26 | | The proposition shall be in substantially the following |
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1 | | form: |
2 | | Shall the township organization be continued in [Name |
3 | | of Township] Township? |
4 | | The votes shall be recorded as "Yes" or "No".
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5 | | (Source: P.A. 98-127, eff. 8-2-13; revised 10-8-13.) |
6 | | (60 ILCS 1/27-10.5 new) |
7 | | Sec. 27-10.5. Referendum to discontinue and abolish a |
8 | | township organization within a coterminous village. Upon |
9 | | ordinance adopted by the corporate authorities of a village |
10 | | described under Section 27-5(b) of this Article, the corporate |
11 | | authorities shall certify and cause to be submitted to the |
12 | | voters of the village, at the next election or consolidated |
13 | | election, a proposition to discontinue and abolish the township |
14 | | organization and to transfer all the rights, powers, duties, |
15 | | assets, property, liabilities, obligations, and |
16 | | responsibilities of the township organization to the |
17 | | coterminous village. |
18 | | The proposition shall be in substantially the following |
19 | | form: |
20 | | Shall the township organization be transferred to and |
21 | | performed by the [name of village]? |
22 | | The votes shall be recorded as "Yes" or "No". |
23 | | (60 ILCS 1/27-15) |
24 | | Sec. 27-15. Cessation of township organization. As |
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1 | | provided in Sections 27-10 and 27-10.5, if If a majority of the |
2 | | votes of the township or village cast are in favor of the |
3 | | proposition to discontinue and abolish the township |
4 | | organization, then the township organization in that township |
5 | | shall cease. |
6 | | On the effective date of the discontinuance and abolishment |
7 | | of the township organization under Section 27-5(a) of this |
8 | | Article , all the rights, powers, duties, assets, property, |
9 | | liabilities, obligations, and responsibilities of the township |
10 | | shall by operation of law vest in and be assumed by the |
11 | | coterminous municipality.
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12 | | For a township that is discontinued and abolished under |
13 | | Section 27-5(b), 180 days after the passage of the referendum |
14 | | all the rights, powers, duties, assets, property, liabilities, |
15 | | obligations, and responsibilities of the township shall by |
16 | | operation of law vest in and be assumed by the coterminous |
17 | | village, and the township shall cease and the terms of any then |
18 | | serving officials, elected or appointed, shall end. On the date |
19 | | of the passage of the referendum, the coterminous village shall |
20 | | have access to all records, files, policies, procedures, and |
21 | | financial documents of the township to aid in the transition |
22 | | process. |
23 | | (Source: P.A. 98-127, eff. 8-2-13.) |
24 | | (60 ILCS 1/27-20) |
25 | | Sec. 27-20. Township officers. Upon the effective date of |
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1 | | discontinuance, the coterminous municipality shall exercise |
2 | | all duties and responsibilities of that township officer as |
3 | | provided in the Township Code, the Illinois Public Aid Code, |
4 | | Property Tax Code, and the Illinois Highway Code, as |
5 | | applicable. The coterminous municipality may enter into an |
6 | | intergovernmental agreement or contract with the county or the |
7 | | State to administer the duties and responsibilities of that |
8 | | township officer for services under its jurisdiction.
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9 | | (Source: P.A. 98-127, eff. 8-2-13.) |
10 | | (60 ILCS 1/27-25) |
11 | | Sec. 27-25. Business, records, and property of |
12 | | discontinued township organization. The records of a township |
13 | | organization discontinued under this Article shall be |
14 | | deposited in the coterminous municipality's city clerk's |
15 | | office. The coterminous municipality may close up all |
16 | | unfinished business of the township and sell and dispose of any |
17 | | of the property belonging to the township for benefit of the |
18 | | inhabitants of the municipality.
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19 | | (Source: P.A. 98-127, eff. 8-2-13.) |
20 | | Section 10. The Public Health District Act is amended by |
21 | | changing Section 25 as follows: |
22 | | (70 ILCS 905/25) |
23 | | Sec. 25. Discontinuance of a coterminous township. Upon |