99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3693

 

Introduced , by Rep. Jay Hoffman

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 200/3-70
60 ILCS 1/Art. 27 heading
60 ILCS 1/Art. 28 heading new
60 ILCS 1/28-5 new
60 ILCS 1/28-10 new
60 ILCS 1/28-15 new
60 ILCS 1/28-20 new
70 ILCS 905/25
305 ILCS 5/12-3.1
605 ILCS 5/5-205.10

    Amends the Township Code. Provides that certain townships that are: (1) within a coterminous, or substantially coterminous, municipality; (2) in a county with a population of 270,000 or more; and (3) 23 square miles or more may adopt an ordinance to discontinue and abolish the township organization and transfer all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of the township to the coterminous municipality. Further provides for procedures for the retention of township records and the disposition of any of the property belonging to the township. Amends the Property Tax Code, the Public Health District Act, the Illinois Public Aid Code, and the Illinois Highway Code making conforming changes. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3693LRB099 11128 AWJ 31575 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Property Tax Code is amended by changing
5Section 3-70 as follows:
 
6    (35 ILCS 200/3-70)
7    Sec. 3-70. Cessation of Township Assessor. If the office of
8Township Assessor in a coterminous township ceases as provided
9in Articles Article 27 and 28 of the Township Code, then the
10coterminous municipality shall assume the duties of the
11Township Assessor under this Code.
12(Source: P.A. 98-127, eff. 8-2-13.)
 
13    Section 10. The Township Code is amended by changing the
14heading of Article 27 and by adding Article 28 as follows:
 
15    (60 ILCS 1/Art. 27 heading)
16
ARTICLE 27. DISCONTINUANCE OF TOWNSHIP
17
ORGANIZATION WITHIN COTERMINOUS MUNICIPALITY :
18
COUNTY POPULATION OF 3 MILLION OR MORE
19(Source: P.A. 98-127, eff. 8-2-13.)
 
20    (60 ILCS 1/Art. 28 heading new)

 

 

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1
ARTICLE 28. DISCONTINUANCE OF TOWNSHIP
2
ORGANIZATION WITHIN COTERMINOUS
3
MUNICIPALITY: SPECIFIED TOWNSHIPS

 
4    (60 ILCS 1/28-5 new)
5    Sec. 28-5. Applicability. This Article shall apply only to
6a township that: (1) is within a coterminous, or substantially
7coterminous, municipality, (2) is located within a county with
8a population of 270,000 or more determined using the most
9recent federal decennial census, and (3) contains a territory
10of 23 square miles or more.
 
11    (60 ILCS 1/28-10 new)
12    Sec. 28-10. Ordinance to discontinue and abolish a township
13organization within a coterminous municipality; cessation of
14township organization.
15    (a) The township board of a township described under
16Section 28-5 of this Article may adopt an ordinance, with a
17majority of the votes of the township board, providing that,
18upon the approval of a coterminous, or substantially
19coterminous, municipality's corporate authorities, (1) that
20the township organization shall discontinue and be abolished;
21and (2) that the township shall transfer all the rights,
22powers, duties, assets, property, liabilities, obligations,
23and responsibilities of the township organization to the
24coterminous, or substantially coterminous, municipality. The

 

 

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1corporate authorities of the coterminous, or substantially
2coterminous, municipality shall adopt an ordinance by a
3majority vote approving such transfer to the municipality.
4    (b) On the later date of either the (i) approval of an
5ordinance by a municipality under subsection (a) of this
6Section, or (ii) expiration of the township officers' terms
7after passing an ordinance under subsection (a) of this
8Section, the township is discontinued and abolished and all the
9rights, powers, duties, assets, property, liabilities,
10obligations, and responsibilities of the township shall by
11operation of law vest in and be assumed by the municipality,
12including the authority to levy property taxes for township
13purposes in the same manner as the dissolved township.
 
14    (60 ILCS 1/28-15 new)
15    Sec. 28-15. Coterminous municipality's duties and
16responsibilities. Upon the effective date of discontinuance
17and abolishment of the township organization, the coterminous
18municipality shall exercise all duties and responsibilities of
19the township officers as provided in the Township Code, the
20Illinois Public Aid Code, the Property Tax Code, and the
21Illinois Highway Code, as applicable. The coterminous
22municipality may enter into an intergovernmental agreement or
23contract with the county or the State to administer the duties
24and responsibilities of the township officers for services
25under its jurisdiction.
 

 

 

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1    (60 ILCS 1/28-20 new)
2    Sec. 28-20. Business, records, and property of
3discontinued township organization. The records of a township
4organization discontinued under this Article shall be
5deposited in the coterminous municipality's city clerk's
6office. The coterminous municipality may close up all
7unfinished business of the township and sell and dispose of any
8of the property belonging to the township for benefit of the
9inhabitants of the coterminous municipality.
 
10    Section 15. The Public Health District Act is amended by
11changing Section 25 as follows:
 
12    (70 ILCS 905/25)
13    Sec. 25. Discontinuance of a coterminous township. If the
14office of Township Assessor in a coterminous township is
15discontinued as provided in Articles Article 27 and 28 of the
16Township Code, then the coterminous municipality's Council
17members shall be the board of health for the public health
18district under this Act.
19(Source: P.A. 98-127, eff. 8-2-13.)
 
20    Section 20. The Illinois Public Aid Code is amended by
21changing Section 12-3.1 as follows:
 

 

 

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1    (305 ILCS 5/12-3.1)
2    Sec. 12-3.1. Discontinuance of a coterminous township.
3Upon discontinuance of a coterminous township under Articles
4Article 27 and 28 of the Township Code, the coterminous
5municipality shall provide funds for and administer the public
6aid program provided for under Article VI of this Code.
7(Source: P.A. 98-127, eff. 8-2-13.)
 
8    Section 25. The Illinois Highway Code is amended by
9changing Section 5-205.10 as follows:
 
10    (605 ILCS 5/5-205.10)
11    Sec. 5-205.10. Discontinuance of a coterminous township.
12If township organization is discontinued as provided in
13Articles Article 27 and 28 of the Township Code, then the
14coterminous municipality shall assume the duties of highway
15commissioner under this Code.
16(Source: P.A. 98-127, eff. 8-2-13.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.