SB2289sam002 99TH GENERAL ASSEMBLY

Sen. Pamela J. Althoff

Filed: 4/1/2016

09900SB2289sam002 LRB099 18362 AWJ 46958 a

AMENDMENT TO SENATE BILL 2289

AMENDMENT NO. ______. Amend Senate Bill 2289 by replacing everything after the enacting clause with the following:

"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 then, for the levy year after the townships are consolidated, in lieu of any budget and appropriation ordinance previously adopted by any of the former townships or municipalities, the county clerk shall extend a rate of tax as provided in those Sections of the Township Code.

Section 10. The Township Code is amended by changing Sections 10-7, 10-25, 20-7, 27-13, and 28-13 as follows:

(60 ILCS 1/10-7 new)

Sec. 10-7. Cost and services study. Prior to certifying and causing a proposition to be submitted to the voters under Section 10-5, the county board and township board shall conduct or have conducted a cost and services study detailing the fiscal and services impact the altering of township boundaries would have on the taxpayers of the county and township. Any such cost and services study shall be completed on or before 45 days after adoption of an ordinance or resolution for a referendum has been adopted under Section 10-5. After receipt of the cost and services study by the county board, and no later than 60 days after adoption of an ordinance or resolution for a referendum has been adopted under Section 10-5, the county board shall certify and cause the referendum to be submitted to the voters of the county to alter township boundaries as provided in Section 10-5.

(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 1/20-7 new)

Sec. 20-7. Cost and services study. Prior to certifying and causing a proposition to be submitted to the voters under Section 20-5, the township boards of the townships being consolidated may, by resolution, conduct or have conducted a cost and services study detailing the fiscal and township services impact the consolidation of the townships would have on the taxpayers of the county and townships. Any such cost and services study shall be completed on or before 45 days after adoption receipt of a petition under Section 20-5. After receipt of the cost and services study by the county board or a township board, and no later than 60 days after receipt of a petition under Section 20-5, the township boards shall certify and cause the proposition to be submitted to the voters of the townships to consolidate the townships as provided in Section 20-5.

(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 and fractional parts of townships in the city into one organized township, a Transition Township Board may be formed if required by resolution of the county board. If so resolved by the county board, the Transition Township Board is composed of the members of the separate townships boards being consolidated. The Transition Township Board shall only have the authority to propose a tentative budget and appropriation ordinance for the consolidated township for the first levy year of the consolidated township. The Transition Township Board shall hold a public hearing no later than the last Tuesday in December before the township officers are to be elected under subsection (b). At this public hearing, the Transition Township Board may propose a tentative budget and appropriation ordinance, as provided in Section 80-60, for the first levy year of the consolidated township. Within 7 days after the adoption of a tentative budget and appropriation ordinance under this subsection, the Transition Township Board shall notify the county clerk of the ordinance. If the Transition Township Board board fails to adopt a budget and appropriation ordinance by the last Tuesday in December before the township officers are to be elected under subsection (b), then the property tax of the consolidated townships continue as provided by law.

(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 abolishing a township organization under this Section, the county board may, by resolution, require the corporate authorities of the conterminous to meet to propose a tentative budget and appropriation ordinance for the discontinued township and coterminous municipality for the first levy year of the consolidated township and coterminous municipality. The corporate authorities shall hold a public hearing no later than the last Tuesday in December next following the effective date of the discontinuance and abolishment of the township organization. At this public hearing, the authorities may propose a tentative budget and appropriation ordinance, as provided in Section 80-60, for the first levy year of the consolidated township. Within 7 days after the adoption of a tentative budget and appropriation ordinance under this subsection, the board shall notify the county clerk of the ordinance. If the Transition Township Board board fails to adopt a budget and appropriation ordinance by the last Tuesday in December next following the effective date of the discontinuance and abolishment of the township organization, then then the property tax of consolidated township and municipality continues as provided by law.

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

(60 ILCS 1/27-13 new)

Sec. 27-13. Cost and services study. Prior to certifying and causing a proposition to be submitted to the voters under Section 27-10, the city council of the coterminous municipality that governs the township shall conduct or have conducted a cost and services study, paid for by the township and municipality, detailing the fiscal and services impact the discontinuance of the township would have on the taxpayers of the township and municipality. Any such cost and services study shall be completed on or before 45 days after adoption of an ordinance, or receipt of a petition, under Section 27-10. After receipt of the cost and services study by the city council, and no later than 60 days after adoption of an ordinance, or receipt of a petition, under Section 27-10, the city council shall certify and cause the proposition to be submitted to the voters of the township to discontinue and abolish the township organization as provided in Section 27-10.

(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) If a majority of the votes are in favor of abolishing a township organization under this Section, the county board may, by resolution, require the corporate authorities of the conterminous to meet to propose a tentative budget and appropriation ordinance for the discontinued township and coterminous municipality for the first levy year of the consolidated township and coterminous municipality. The corporate authorities shall hold a public hearing no later than the last Tuesday in December next following the effective date of the discontinuance and abolishment of the township organization. At this public hearing, the authorities may propose a tentative budget and appropriation ordinance, as provided in Section 80-60, for the first levy year of the consolidated township. Within 7 days after the adoption of a tentative budget and appropriation ordinance under this subsection, the board shall notify the county clerk of the ordinance. If the Transition Township Board board fails to adopt a budget and appropriation ordinance by the last Tuesday in December next following the effective date of the discontinuance and abolishment of the township organization, then then the property tax of consolidated township and municipality continues as provided by law.

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

(60 ILCS 1/28-13 new)

Sec. 28-13. Cost and services study. Prior to or after the adoption of an ordinance under Section 28-10, the township board and the corporate authorities of the coterminous municipality shall conduct or have conducted a cost and services study detailing the fiscal and township services impact the discontinuance of the township organization would have on the taxpayers of the township. Any such cost and services study shall be completed no later than 45 days after adoption of an ordinance under Section 28-10. After receipt of the cost and services study by the township board, and after adoption of an ordinance under Section 28-10, the township organization may cease as provided under this Article.".