SB2289 99TH GENERAL ASSEMBLY

LRB099 18362 AWJ 42737 b

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
60 ILCS 1/20-10
60 ILCS 1/27-10
60 ILCS 1/28-10

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.

FISCAL NOTE ACT MAY APPLY

HOUSING AFFORDABILITY IMPACT 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 18-51 as follows:

(35 ILCS 200/18-51 new)

Sec. 18-51. Property tax of consolidated townships. Notwithstanding any other law to the contrary, when townships are consolidated under Sections 20-5, 27-10, or 28-10 of the Township Code and the county board passes an ordinance or resolution requiring a new property tax levy rate to be levied on the new consolidated township or municipality, the county clerk shall calculate a new township or municipal property tax levy for the levy year in the year which the consolidation takes place equal to the amount stated by the county board. The new property tax levy shall contain all funds of the former tax levies and the county clerk shall proportionally reduce each fund unless otherwise required by the petition or ordinance.

Section 10. The Township Code is amended by changing Sections 10-25, 20-10, 27-10, and 28-10 as follows:

(60 ILCS 1/10-25)

Sec. 10-25. Plan for changes in townships.

(a) The county board of each county may, subject to a referendum in the townships affected as provided in this Section, adopt a plan for altering the boundaries of townships, changing township lines, dividing, enlarging, or consolidating townships, or creating new townships, so that each township shall possess an equalized assessed valuation of not less than $10,000,000 as of the 1982 assessment year or an area of not more than 126 square miles.

(b) No alteration or change in boundaries shall be effective unless approved by a referendum in each township affected. The election authority shall submit to the voters of each township affected, at a regular election to be held not less than 60 days after the plan is adopted, the question of approving the alteration or change. The alterations or changes, if approved by the voters, shall take effect on the date of the next township election and shall be applicable to that election. If there is doubt as to the township clerk with whom nomination papers for that election should be filed, the county board shall designate the clerk. In the alteration of boundaries, a county board may not disturb urban or coterminous townships in existence on October 1, 1978.

(Source: P.A. 84-1308; 88-62.)

(60 ILCS 1/20-10)

Sec. 20-10. Election results.

(a) The county clerk shall enter an abstract of the returns of the election held under Section 20-5, made out and certified as in an election for county officers, and shall record the abstract at length upon the records of the county.

(b) If a majority of the votes are in favor of consolidating all of the townships and fractional parts of townships in the city into one organized township, then at the next regular election for township officers there shall be elected one set of township officers for the territory in the city.

(c) If a majority of the votes are in favor of consolidating all of the townships, the county board may by ordinance or resolution require that a new property tax levy rate be levied on the new consolidated township for the levy year in the year which the consolidation takes place at a rate determined by the county board and administered under Section 18-51 of the Property Tax Code.

(Source: P.A. 81-1490; 88-62.)

(60 ILCS 1/27-10)

Sec. 27-10. Petition and referendum to discontinue and abolish a township organization within a coterminous municipality. Upon adoption of an ordinance by the city council of a township described under Section 27-5 of this Article, or upon petition of at least 10% of the registered voters of that township, the city council shall certify and cause to be submitted to the voters of the township, at the next election or consolidated 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 the township organization be continued in [Name of Township] Township?

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

If a majority of the votes are in favor of discontinuing and abolishing a township organization, the county board may by ordinance or resolution require that a new tax levy rate be levied on the new consolidated municipality and township for the levy year in the year which the consolidation takes place at a rate determined by the county board and administered under Section 18-51 of the Property Tax Code.

(Source: P.A. 98-127, eff. 8-2-13; 98-756, eff. 7-16-14.)

(60 ILCS 1/28-10)

Sec. 28-10. Ordinance to discontinue and abolish a township organization within a coterminous municipality; cessation of township organization; property tax levy.

(a) The township board of a township described under Section 28-5 of this Article may adopt an ordinance, with a majority of the votes of the township board, providing that, upon the approval of a coterminous, or substantially coterminous, municipality's corporate authorities, (1) that the township organization shall discontinue and be abolished; and (2) that the township shall transfer all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of the township organization to the coterminous, or substantially coterminous, municipality. The corporate authorities of the coterminous, or substantially coterminous, municipality shall adopt an ordinance by a majority vote approving such transfer to the municipality.

(b) On the later date of either the (i) approval of an ordinance by a municipality under subsection (a) of this Section, or (ii) expiration of the township officers' terms after passing an ordinance under subsection (a) of this Section, the township is discontinued and abolished 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 municipality, including the authority to levy property taxes for township purposes in the same manner as the dissolved township.

(c) Prior to or after effective date of discontinuance and abolishment of the township organization under this Section, the county board may by ordinance or resolution require that a new tax levy rate be levied on the new consolidated municipality and township for the levy year in the year which the consolidation takes place at a rate determined by the county board and administered under Section 18-51 of the Property Tax Code.

(Source: P.A. 99-474, eff. 8-27-15.)