HB1326 95TH GENERAL ASSEMBLY

LRB095 05193 HLH 25266 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1326

Introduced 2/20/2007, by Rep. Shane Cultra

SYNOPSIS AS INTRODUCED:

60 ILCS 1/15-15

Amends the Township Code. Provides that, if a city that is coterminous with a township votes to annex territory in an adjacent township and a disconnection referendum is submitted to the voters of the adjacent township, the territory shall be disconnected if a majority of the voters in the adjacent township and in the area affected by the disconnection (now, a majority of voters in the adjacent township) vote for disconnection. Effective immediately.

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 Township Code is amended by changing Section 15-15 as follows:

(60 ILCS 1/15-15)

Sec. 15-15. Annexation of territory by coterminous city; referendum.

(a) Whenever a city that is coterminous with a township has voted to annex any territory in an adjacent township, the city clerk shall, by registered or certified mail, file a certified copy of the annexation ordinance with the clerk of the township in which the proposed disconnection is to take place. Except as otherwise provided in this Article, if, within 45 days after the date of mailing notification, the township board of the township from which the territory is to be disconnected determines by a majority vote of those board members then holding office that the disconnection would not be in the best interests of that township, the board may request that a referendum approving or disapproving the disconnection be held in that township. The city, its coterminous township, and the adjacent township may, however, agree by intergovernmental agreement and without the necessity of a referendum that the territory shall remain part of the adjacent township and shall not become part of the township that is coterminous with the municipality.

(b) The township clerk of the adjacent township shall, within 30 days after the vote of the township board of the adjacent township, certify the proposition to disconnect the territory from the adjacent township to the proper election officials and the city clerk of the annexing city. The election officials shall submit the proposition to the voters of the township requesting the referendum at an election in accordance with the general election law. The proportionate cost of the election shall be borne by the township requesting the election.

(c) The proposition shall be substantially in the following form:

Shall (name of township) include the following described territory that is presently included in (name of township)? (Insert description of territory.)

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

(d) If a majority of those voting on the proposition in the township and the area affected by the disconnection vote in favor thereof, the territory shall be disconnected from the adjacent township and connected to the township that is coterminous with the city. Only upon that connection shall any debts and liabilities of the territory be taken over by the coterminous township.

(e) If a majority of those voting on the proposition in the township and in the area affected by the disconnection do not vote in favor of it, the territory shall remain with the adjacent township. If, however, at any time after a majority of those voting do not vote in favor of the proposition, the township board of the township in which the proposed disconnection was to take place determines that the disconnection would be in the best interest of that township, the board may request that another referendum approving or disapproving that same disconnection be held in that township. The referendum shall be conducted in accordance with the general election law.

(Source: P.A. 86-1299; 87-1197; 88-62.)

Section 99. Effective date. This Act takes effect upon becoming law.