Bill Title: Amends the Township Code. Provides that upon petition of at least 10% of the registered voters of a township, the county board shall certify and cause to be submitted to the voters of the county, at the next election, a proposition to discontinue and abolish that township's township organization and to transfer all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of the township organization to the county. Provides that if a majority of the votes of the county cast are 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 county board, or county department or officer designated by the county board. 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 the county, the county board, or county department or officer designated by the county board, shall assume the duties of the township organization or officer of the township organization, as appropriate, exercised under those Acts. Effective immediately.
Spectrum: Moderate Partisan Bill (Democrat 7-1)
Status: (Passed) 2013-08-02 - Public Act . . . . . . . . . 98-0127
[SB1585 Detail]Download: Illinois-2013-SB1585-Chaptered.html
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| Public Act 098-0127
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| SB1585 Enrolled | LRB098 07311 OMW 37374 b |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Property Tax Code is amended by adding |
Section 3-70 as follows:
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(35 ILCS 200/3-70 new) |
Sec. 3-70. Cessation of Township Assessor. If the office of |
Township Assessor in a coterminous township ceases as provided |
in Article 27 of the Township Code, then the coterminous |
municipality shall assume the duties of the Township Assessor |
under this Code.
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Section 10. The Township Code is amended by adding Article |
27 as follows:
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(60 ILCS 1/Art. 27 heading new) |
ARTICLE 27. DISCONTINUANCE OF TOWNSHIP ORGANIZATION WITHIN |
COTERMINOUS MUNICIPALITY
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(60 ILCS 1/27-5 new) |
Sec. 27-5. Applicability. This Article shall apply only to |
a township that: (1) is within a coterminous, or substantially |
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coterminous, municipality in which the city council exercises |
the powers and duties of the township board, or in which one or |
more municipal officials serve as an officer or trustee of the |
township; (2) is located within a county with a population of 3 |
million or more; and (3) contains a territory of 7 square miles |
or more.
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(60 ILCS 1/27-10 new) |
Sec. 27-10. Petition and referendum to discontinue and |
abolish a township organization within a coterminous |
municipality. Upon ordinance adopted by the city council 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 |
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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 |
of Township] Township? |
The votes shall be recorded as "Yes" or "No".
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(60 ILCS 1/27-15 new) |
Sec. 27-15. Cessation of township organization. If a |
majority of the votes of the township cast are in favor of the |
proposition to discontinue and abolish the township |
organization, then the township organization in that township |
shall cease. |
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 coterminous municipality.
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(60 ILCS 1/27-20 new) |
Sec. 27-20. Township officers. |
Upon the effective date of discontinuance, the coterminous |
municipality shall exercise all duties and responsibilities of |
that township officer as provided in the Township Code, the |
Illinois Public Aid Code, Property Tax Code, and the Illinois |
Highway Code, as applicable. The coterminous municipality may |
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.
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(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 coterminous municipality's city clerk's |
office. The coterminous 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.
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Section 15. The Public Health District Act is amended by |
adding Section 25 as follows:
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(70 ILCS 905/25 new) |
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Sec. 25. Discontinuance of a coterminous township. If the |
office of Township Assessor in a coterminous township is |
discontinued as provided in Article 27 of the Township Code, |
then the coterminous municipality's Council members shall be |
the board of health for the public health district under this |
Act.
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Section 20. The Illinois Public Aid Code is amended by |
adding Section 12-3.1 as follows:
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(305 ILCS 5/12-3.1 new) |
Sec. 12-3.1. Discontinuance of a coterminous township. |
Upon discontinuance of a coterminous township under Article 27 |
of the Township Code, the coterminous municipality shall |
provide funds for and administer the public aid program |
provided for under Article VI of this Code.
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Section 25. The Illinois Highway Code is amended by adding |
Section 5-205.10 as follows:
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(605 ILCS 5/5-205.10 new) |
Sec. 5-205.10. Discontinuance of a coterminous township. |
If township organization is discontinued as provided in Article |
27 of the Township Code, then the coterminous 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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