HB4980 99TH GENERAL ASSEMBLY

LRB099 20434 AWJ 44933 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4980

Introduced , by Rep. Jack D. Franks

SYNOPSIS AS INTRODUCED:

See Index

Amends the Township Code. Removes a restriction limiting townships to 126 square miles. Provides that a township plan for altering the boundaries of townships shall require a new property tax rate to be levied on the affected townships after the boundaries are altered. Provides that a county board may by resolution initiate a referendum to discontinue all townships in a county (currently, a referendum can only be initiated by citizen petition). Provides that a county board may elect to restructure into a commission form of government after discontinuance of township organization (currently, a county is required reorganize into a commission form of government). Further provides that the county board or the voters of a township may dissolve all offices of township assessor and multi-township assessor in specified counties with the county assessor or supervisor of assessments replacing each township assessor or multi-township assessor. Amends the Illinois Highway Code. Provides that a township road district, with roads of less than a total of 25 miles in length, may be abolished by the township board of trustees or by public referendum. Amends the Property Tax Code, the Counties Code, and the Public Health District Act 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 changing Section 3-70 and by adding Section 18-51 as follows:

(35 ILCS 200/3-70)

Sec. 3-70. Cessation of Township Assessor.

(a) If the office of Township Assessor in a coterminous township ceases as provided in Articles 27 and 28 of the Township Code, then the coterminous municipality shall assume the duties of the Township Assessor under this Code.

(b) If the office of Township Assessor ceases as provided in Article 29 of the Township Code, then the Supervisor of Assessments or County Assessor, as applicable, shall assume the duties of the Township Assessor under this Code.

(Source: P.A. 98-127, eff. 8-2-13; 99-474, eff. 8-27-15.)

(35 ILCS 200/18-51 new)

Sec. 18-51. Property tax after alteration of township boundaries. Notwithstanding any other law to the contrary, if: (a) a county board and voters have approved alteration of township boundaries under Article 10 of the Township Code; and (b) a plan adopted by the county board under Section 10-25 of the Township Code contains a requirement that a new property tax rate shall be levied on the affected townships, then the county clerk shall calculate a new township property tax levy for the affected townships for the levy year in the year which the change of boundaries takes place equal to the tax rate provided in the plan. The new property tax levy shall replace the former levies of the affected townships and shall contain all funds of the former tax levies. The county clerk shall proportionally reduce each fund unless otherwise required by the plan.

Section 10. The Counties Code is amended by changing the heading of Article Div. 2-4 and Section 2-4006 as follows:

(55 ILCS 5/Div. 2-4 heading)

Division 2-4. Counties not under Township Organization

Organized as a Commission Form of Government

(55 ILCS 5/2-4006)

Sec. 2-4006. Terms of commissioners.

(a) In every county not under township organization that is organized as a commission form of government having 3 commissioners elected at large as described in subsection (b) or (c), the commissioners shall be elected as provided in this Section.

(b) In a county in which one commissioner was elected at the general election in 1992 to serve for a term of 4 years and in which 2 commissioners will be elected at the general election in 1994, the commissioner elected in 1994 and receiving the greatest number of votes shall serve for a term of 6 years. The other commissioner elected in 1994 shall serve for a term of 4 years. At the general election in 1996 and at each general election thereafter, one commissioner shall be elected to serve for a term of 6 years.

(c) In a county in which 2 commissioners were elected at the general election in 1992 to serve for terms of 4 years and in which one commissioner will be elected at the general election in 1994, the commissioner elected in 1994 shall serve for a term of 4 years. The commissioner elected in 1996 and receiving the greatest number of votes shall serve for a term of 6 years. The other commissioner elected in 1996 shall serve for a term of 4 years. At the general election in 1998 and at each general election thereafter, one commissioner shall be elected to serve for a term of 6 years.

(c-5) In Calhoun County, Edwards County, and Union County, the registered voters of the county may, upon referendum initiated by (i) the adoption of a resolution of the board of county commissioners or (ii) a petition signed by not less than 10% of the registered voters in the county, determine that the board of county commissioners shall consist of 5 commissioners elected at large. The commissioners must certify the question to the proper election authority, which must submit the question at an election in accordance with the general election law.

The question shall be submitted in substantially the following form:

"Shall the board of county commissioners of (county) consist of 5 commissioners elected at large?"

Votes must be recorded as "Yes" or "No". If a majority of the electors voting on the question vote in the affirmative, then a 5-member board of county commissioners shall be established beginning with the next general election. The County Clerk, in consultation with the State's Attorney for the county, shall develop and present to the board of county commissioners, to implement by the adoption of a resolution, the transition of terms for the current 3-member board of commissioners and the addition of 2 commissioners for 6-year terms. Thereafter, commissioners shall be elected at each general election to fill expired terms.

(d) The provisions of this Section do not apply to commissioners elected under Section 2-4006.5 of this Code.

(Source: P.A. 96-175, eff. 8-10-09.)

Section 15. The Township Code is amended by changing Sections 10-25, 25-5, 25-15, and 25-25, and by adding the heading of Article 29 and Sections 29-5, 29-10, and 29-15 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.

(c) A plan adopted under subsection (a) shall contain a requirement that a new property tax levy be levied on the affected townships no more than the lowest property tax rate of an affected township under Section 18-51 of the Property Tax Code. The plan shall also state what the new tax rate of the new levy will be.

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

(60 ILCS 1/25-5)

Sec. 25-5. Resolution or petition for Petition and referendum to discontinue township organization. In a county that has adopted township organization, a referendum to discontinue the township organization may be initiated by:

(a) resolution of the county board; or

(b) upon Upon the petition of at least 10% of the registered voters of each township of a county, as determined on the date registration closed before the regular election next preceding the last day on which the petition may be filed.

Upon the adoption of a resolution under subsection (a), or upon the receipt of a petition under subsection (b), that has adopted township organization, the county board shall certify and cause to be submitted to the voters of the county, at the next general election, the question of the continuance of township organization. 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 proposition shall be substantially in the form:

Shall township organization be continued in (name of county)?

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

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.

(Source: P.A. 89-235, eff. 8-4-95; 90-112, eff. 1-1-98.)

(60 ILCS 1/25-15)

Sec. 25-15. Selection of county governing body; election Election of county commissioners. When township organization ceases in any county as provided in this Article, the county board may restructure into a commission form of government on or before 60 days after a township organization ceases. If the county board votes to assume a commission form of government, an election shall be held in the county at the next general election in an even-numbered year for 3 county commissioners who shall hold office for 2, 4, and 6 years, respectively, and until their successors are elected and qualified. Terms shall be determined by lot. At each succeeding general election after the first, one commissioner shall be elected.

(Source: P.A. 82-783; 88-62.)

(60 ILCS 1/25-25)

Sec. 25-25. Disposal of township records and property. When township organization is discontinued in any county, the records of the several townships shall be deposited in the county clerk's office. The county board or board of county commissioners of the county may close up all unfinished business of the several townships and sell or and dispose of any of the property belonging to a township for the benefit of the inhabitants of the township, as fully as might have been done by the townships themselves. The county board or board of county commissioners may pay all the indebtedness of any township existing at the time of the discontinuance of township organization and cause the amount of the indebtedness, or so much as may be necessary, to be levied upon the property of the township.

(Source: P.A. 82-783; 88-62.)

(60 ILCS 1/Art. 29 heading new)

ARTICLE 29. DISSOLUTION OF THE OFFICE OF TOWNSHIP

ASSESSOR AND MULTI-TOWNSHIP ASSESSOR

(60 ILCS 1/29-5 new)

Sec. 29-5. Applicability. This Article shall apply only to a county with less than 15,000 parcels and less than $1,000,000,000 in equalized assessed value.

(60 ILCS 1/29-10 new)

Sec. 29-10. Resolution or petition for referendum to discontinue all offices of township assessor in a county.

(a) The offices of township assessor and multi-township assessor may be discontinued by referendum in all townships lying wholly within a county's borders upon: (1) adoption of a resolution by the county board for the discontinuance of all township assessors and multi-township assessors; (2) adoption of a resolution by the county board for a referendum for the discontinuance of all township assessors and multi-township assessors; or (3) filing of a petition, subject to the petition requirements of Section 28-3 of the Election Code, with the county board to approve by referendum the discontinuance of all township assessors signed by a number of electors equal or greater than 5% of the total votes cast in the county in the preceding general election.

(b) A resolution or petition under subsection (a) shall state the purpose expected to be achieved by dissolution of the township assessor and multi-township assessor offices.

(c) Upon adoption of the resolution for a referendum or filing of the petition under subsection (a), the county board shall certify the question to the appropriate election officials and file with the county clerk. The resolution for a referendum or petition shall be filed with the county clerk not less than 79 days prior to the general election in which the referendum will appear.

(d) Upon the adoption of the resolution for a referendum or filing of the petition under subsection (a), the county board shall publish the resolution for a referendum or petition in a newspaper or newspapers of general circulation in each of the affected townships, in a newspaper of general circulation in the county, and on the county's website if the county has a website.

(60 ILCS 1/29-15 new)

Sec. 29-15. Referendum; approval. If a petition for a referendum is filed with the county clerk that meets the requirements of Section 29-10 of this Article or a resolution for a referendum is adopted, a referendum, subject to the requirements of 16-7 of the Election Code, shall be placed on the ballot at the next general election in substantially the following form:

Shall the offices of township assessor and multi-township assessor be abolished in all townships in … County and the duties of each township assessor and multi-township assessor be transferred to the next elected county assessor or county supervisor of assessments following the next general election? The votes shall be recorded as "Yes" or "No." The referendum is approved when: (1) three-quarters of the townships of the county approve the referendum; and (2) the population of the townships that approved the referendum is equal to or greater than a majority of the entire county population. If approved, then the offices of township assessor and multi-township assessor shall cease in each township in the county on the January 1 following the election at which the referendum was approved and: the county assessor or supervisor of assessments shall assume the duties of the township assessor and multi-township assessor under the Property Tax Code; and the county board shall appoint a replacement member for any public health district in which an assessor was a member under Section 11 of the Public Health District Act.

Section 20. The Public Health District Act is amended by adding Section 27 as follows:

(70 ILCS 905/27 new)

Sec. 27. Cessation of township assessor. If the office of township assessor ceases as provided in Article 29 of the Township Code, then the county board shall appoint a replacement member for any public health district in which an assessor was a member under Section 11 of this Act.

Section 25. The Illinois Highway Code is amended by changing Section 6-130 and by adding Section 6-130.5 as follows:

(605 ILCS 5/6-130) (from Ch. 121, par. 6-130)

Sec. 6-130. Mandatory and permissive road district abolishment.

(a) For purposes of this Section, the roads forming a part of a township road district include those roads maintained by the district, regardless of whether or not those roads are owned by the township.

(b) Notwithstanding any other provision of this Act to the contrary, no township road district may continue in existence if the roads forming a part of the district do not exceed a total of 4 miles in length. For purposes of this Section, the roads forming a part of a township road district include those roads maintained by the district, regardless of whether or not those roads are owned by the township. On the first Tuesday in April of 1975, or of any subsequent year next succeeding the reduction of a township road system to a total mileage of 4 miles or less, each such township road district shall, by operation of law, be abolished. The roads comprising that district at that time shall thereafter be administered by the township board of trustees by contracting with the county, a municipality or a private contractor. The township board of trustees shall assume all taxing authority of a township road district abolished under this Section.

(c) Notwithstanding any other provision of this Act to the contrary, a township road district in a county may be abolished as provided in Section 6-130.5 of this Act, if the roads forming part of the district are less than a total of 25 miles in length.

(Source: P.A. 94-884, eff. 6-20-06.)

(605 ILCS 5/6-130.5 new)

Sec. 6-130.5. Abolishing a road district with less than 25 miles of roads. Any township may abolish a road district of that township if the roads of the district of that township are less than 25 miles in length:

(a) by resolution of three-fifths of the board of trustees; or

(b) by resolution of a majority of the board of trustees to submit a referendum to abolish the road district of that township. The referendum shall be submitted to the electors of that township at the next general election or consolidated election in accordance with the general election law. The ballot shall be in substantially the following form:

(c) by filing of a petition, subject to the petition requirements of Section 28-3 of the Election Code, with the township board of trustees to approve by referendum the abolishment of the road district signed by at least 5% of the votes cast in the township in the last general election. The petitioners shall have a minimum of 180 days to collect signatures for the petition.

Upon the filing of the petition under this subsection (c), the board of trustees shall certify the question to the appropriate election officials and file with the county clerk. The petition shall be filed with the county clerk not less than 79 days prior to the general or consolidated election in which the referendum will appear. The referendum shall be submitted to the electors of that township at the next general election or consolidated election in accordance with the general election law. The ballot shall be in substantially the following form:

In the event that an resolution is passed under subsection (a) or majority of the electors voting on the referendum under subsections (b) or (c) are in favor of abolishing the township road district, then the road district shall be abolished by operation of law effective on the January 1 following the approval of the resolution or referendum.

On the date of abolishment: all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of the road district shall by operation of law vest in and be assumed by the township; the township board of trustees shall assume all taxing authority of a road district abolished under this Section; any highway commissioner of the abolished road district shall cease to hold office; the township shall exercise all duties and responsibilities of the highway commissioner as provided in the Illinois Highway Code; and for purposes of distribution of revenue, the township shall assume the powers, duties, and obligations of the road district. The township board of trustees may enter into a contract with the county, a municipality, or a private contractor to administer the roads added to its jurisdiction under this Section.