Bill Text: IL HB6206 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Township Code. Provides that township organization within a coterminous municipality may be discontinued and abolished upon referendum approval. Provides that, if a majority of the votes of the township are cast in favor of the proposition to discontinue and abolish the township organization, then the township organization in that township shall cease, 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 city council or board of trustees of the municipality. Provides that city council or board of trustees of the municipality shall, by ordinance, delegate the duties and responsibilities of a township officer to any elected or appointed official of that municipality or to any employee of that municipality. Provides that the township officers of any township that is discontinued shall continue as officers of that township until the expiration of the respective terms for which they were elected or appointed. Amends the Property Tax Code, the Public Health District Act, the Illinois Public Aid Code, and the Illinois Highway Code to provide that, for a township organization that has been discontinued and has had its duties, powers, and responsibilities transferred to a coterminous municipality, the municipality shall assume the duties of the township organization or officer of the township organization, as appropriate, exercised under those Acts. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB6206 Detail]

Download: Illinois-2011-HB6206-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB6206 Introduced , by Rep. Paul Evans SYNOPSIS AS INTRODUCED:
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Amends the Township Code. Provides that township organization within a coterminous municipality may be discontinued and abolished upon referendum approval. Provides that, if a majority of the votes of the township are cast in favor of the proposition to discontinue and abolish the township organization, then the township organization in that township shall cease, 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 city council or board of trustees of the municipality. Provides that city council or board of trustees of the municipality shall, by ordinance, delegate the duties and responsibilities of a township officer to any elected or appointed official of that municipality or to any employee of that municipality. Provides that the township officers of any township that is discontinued shall continue as officers of that township until the expiration of the respective terms for which they were elected or appointed. Amends the Property Tax Code, the Public Health District Act, the Illinois Public Aid Code, and the Illinois Highway Code to provide that, for a township organization that has been discontinued and has had its duties, powers, and responsibilities transferred to a coterminous municipality, the municipality shall assume the duties of the township organization or officer of the township organization, as appropriate, exercised under those Acts. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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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 adding
Section 2-85 as follows:
(35 ILCS 200/2-85 new)
Sec. 2-85. Cessation of township organization. If township
organization ceases as provided in Article 27 of the Township
Code, then the municipality shall assume the duties of the
township assessor under this Code.
Section 10. The Township Code is amended by adding Article
27 as follows:
(60 ILCS 1/Art. 27 heading new)
ARTICLE 27. DISCONTINUANCE OF TOWNSHIP ORGANIZATION WITHIN
COTERMINOUS MUNICIPALITY
(60 ILCS 1/27-5 new)
Sec. 27-5. Petition and referendum to discontinue and
abolish a township organization within a coterminous
municipality. Upon ordinance or resolution adopted by the
township board of a township coterminous with a municipality or

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by the corporate authorities of that municipality, or upon
petition of at least 10% of the registered voters of that
township, the township board shall certify and cause to be
submitted to the voters of the township, at the next 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 (name of township) be discontinued and abolished

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with all the rights, powers, duties, assets, property,
liabilities, obligations, and responsibilities being
assumed by (name of municipality)?
The votes shall be recorded as "Yes" or "No".
(60 ILCS 1/27-10 new)
Sec. 27-10. Cessation of township organization. If a
majority of the votes of the township are cast in favor of the
proposition to discontinue and abolish the township
organization, then the township organization in that township
shall cease on December 31 of the calendar year in which the
terms of office of all officers of the township who are serving
on the date the proposition is submitted to the electorate
would normally expire.
On the effective date of the discontinuance and abolishment
of the township organization, 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 city council or board of trustees of
the municipality, subject to the provisions of Section 27-15.
For the purposes of this Section, the term office of a
township officer is deemed to have expired on the day
immediately prior to the first date upon which any properly
elected and qualified successor could enter upon his or her
duties, as provided in Section 50-15 or 50-40 of this Code, as
applicable.

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(60 ILCS 1/27-15 new)
Sec. 27-15. Township officers.
(a) The township officers of any township that is
discontinued pursuant to this Article who are serving on the
date the proposition to discontinue township organization is
submitted to the electorate shall continue as officers of that
township until the expiration of the respective terms for which
they were elected or appointed.
(b) On and after the expiration of the term of a township
officer of a township that is discontinued pursuant to this
Article, the city council or board of trustees of the
municipality shall exercise all duties and responsibilities of
that township officer as provided in this Code, the Illinois
Public Aid Code, Property Tax Code, and the Illinois Highway
Code, as applicable. On or after the expiration of the term of
that township officer, the city council or board of trustees of
the municipality shall, by ordinance: (1) delegate the duties
and responsibilities of that township officer to any elected or
appointed official of that municipality or to any employee of
that municipality; or (2) enter into an intergovernmental
agreement or contract with the county or the State to
administer the duties and responsibilities of that township
officer for services under its jurisdiction; or (3) a
combination of (1) and (2).
(c) For the purposes of this Section, the term office of a

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township officer is deemed to have expired on the day
immediately prior to the first date upon which any properly
elected and qualified successor could enter upon his or her
duties, as provided in Section 50-15 or 50-40 of this Code, as
applicable.
(60 ILCS 1/27-20 new)
Sec. 27-20. Cessation of township; taxing authority. Upon
the discontinuance of township organization as provided in this
Article, the municipality shall assume all taxing authority of
the township abolished under this Article. For purposes of
distribution of revenue, the municipality shall assume the
powers, duties, and obligations of the township.
(60 ILCS 1/27-25 new)
Sec. 27-25. Business, records, and property of
discontinued township organization. The records of a township
organization discontinued under this Article shall be
deposited in the municipality's city clerk's office. The
municipality may close up all unfinished business of the
township and sell and dispose of any of the property belonging
to the township for benefit of the inhabitants of the
municipality.
Section 15. The Public Health District Act is amended by
adding Section 25 as follows:

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(70 ILCS 905/25 new)
Sec. 25. Cessation of township organization. If township
organization ceases as provided in Article 27 of the Township
Code, then the municipality shall assume the duties, powers,
and responsibilities of the board of health for the public
health district under this Act.
Section 20. The Illinois Public Aid Code is amended by
adding Section 12-3.1 as follows:
(305 ILCS 5/12-3.1 new)
Sec. 12-3.1. Cessation of township organization. Upon the
discontinuance of township organization as provided in Article
27 of the Township Code, the municipality shall provide funds
for and administer the public aid program provided by Article
VI.
Section 25. The Illinois Highway Code is amended by adding
Section 5-205.10 as follows:
(605 ILCS 5/5-205.10 new)
Sec. 5-205.10. Cessation of township organization. If
township organization ceases as provided in Article 27 of the
Township Code, then the municipality shall assume the duties of
highway commissioner under this Code.

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Section 99. Effective date. This Act takes effect upon
becoming law.
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INDEX
Statutes amended in order of appearance