Bill Amendment: IL SB2289 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CONSOLIDATE TWP-LIMITS-REVENUE

Status: 2016-04-22 - Senate Committee Amendment No. 2 Rule 3-9(a) / Re-referred to Assignments [SB2289 Detail]

Download: Illinois-2015-SB2289-Senate_Amendment_002.html

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Sen. Pamela J. Althoff

Filed: 4/1/2016

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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

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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

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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

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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

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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

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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

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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.)

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(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

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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

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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

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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.".