Bill Text: IL SB2061 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Township Code. Removes a restriction limiting townships to 126 square miles. Provides that an ordinance or petition to consolidate a township may contain a provision requiring a new tax rate for the consolidated area equal to the lowest property tax rate in the consolidated area preceding the consolidation. Provides that all townships within a coterminous, or substantially coterminous, municipality may be consolidated. Further 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 to reorganize into a commission form of government). Amends the Property Tax Code and the Counties Code making conforming changes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-01-09 - Session Sine Die [SB2061 Detail]

Download: Illinois-2017-SB2061-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2061

Introduced 2/10/2017, by Sen. Jim Oberweis

SYNOPSIS AS INTRODUCED:
35 ILCS 200/18-51 new
55 ILCS 5/Div. 2-4 heading
55 ILCS 5/2-4006
60 ILCS 1/10-25
60 ILCS 1/20-5
60 ILCS 1/25-15
60 ILCS 1/25-25
60 ILCS 1/Art. 27 heading
60 ILCS 1/27-5
60 ILCS 1/27-10
60 ILCS 1/28-10

Amends the Township Code. Removes a restriction limiting townships to 126 square miles. Provides that an ordinance or petition to consolidate a township may contain a provision requiring a new tax rate for the consolidated area equal to the lowest property tax rate in the consolidated area preceding the consolidation. Provides that all townships within a coterminous, or substantially coterminous, municipality may be consolidated. Further 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 to reorganize into a commission form of government). Amends the Property Tax Code and the Counties Code making conforming changes.
LRB100 08081 AWJ 18167 b
FISCAL NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

A BILL FOR

SB2061LRB100 08081 AWJ 18167 b
1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Property Tax Code is amended by adding
5Section 18-51 as follows:
6 (35 ILCS 200/18-51 new)
7 Sec. 18-51. Property tax of consolidated townships.
8Notwithstanding any other law to the contrary, when townships
9are consolidated under Sections 20-5, 27-10, or 28-10 of the
10Township Code and the petition or ordinance contains a
11requirement that a new property tax levy shall be levied on the
12new consolidated township or municipality, the county clerk
13shall calculate a new township or municipal property tax levy
14for the levy year in the year which the consolidation takes
15place equal to the levy of the township or municipality with
16the lowest levy. The new property tax levy shall contain all
17funds of the former tax levies and the county clerk shall
18proportionally reduce each fund unless otherwise required by
19the petition or ordinance.
20 Section 10. The Counties Code is amended by changing the
21heading of Article Div. 2-4 and Section 2-4006 as follows:

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1 (55 ILCS 5/Div. 2-4 heading)
2
Division 2-4. Counties not under Township Organization
3
Organized as a Commission Form of Government
4 (55 ILCS 5/2-4006)
5 Sec. 2-4006. Terms of commissioners.
6 (a) In every county not under township organization that is
7organized as commission form of government having 3
8commissioners elected at large as described in subsection (b)
9or (c), the commissioners shall be elected as provided in this
10Section.
11 (b) In a county in which one commissioner was elected at
12the general election in 1992 to serve for a term of 4 years and
13in which 2 commissioners will be elected at the general
14election in 1994, the commissioner elected in 1994 and
15receiving the greatest number of votes shall serve for a term
16of 6 years. The other commissioner elected in 1994 shall serve
17for a term of 4 years. At the general election in 1996 and at
18each general election thereafter, one commissioner shall be
19elected to serve for a term of 6 years.
20 (c) In a county in which 2 commissioners were elected at
21the general election in 1992 to serve for terms of 4 years and
22in which one commissioner will be elected at the general
23election in 1994, the commissioner elected in 1994 shall serve
24for a term of 4 years. The commissioner elected in 1996 and
25receiving the greatest number of votes shall serve for a term

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1of 6 years. The other commissioner elected in 1996 shall serve
2for a term of 4 years. At the general election in 1998 and at
3each general election thereafter, one commissioner shall be
4elected to serve for a term of 6 years.
5 (c-5) In Calhoun County, Edwards County, and Union County,
6the registered voters of the county may, upon referendum
7initiated by (i) the adoption of a resolution of the board of
8county commissioners or (ii) a petition signed by not less than
910% of the registered voters in the county, determine that the
10board of county commissioners shall consist of 5 commissioners
11elected at large. The commissioners must certify the question
12to the proper election authority, which must submit the
13question at an election in accordance with the general election
14law.
15 The question shall be submitted in substantially the
16following form:
17 "Shall the board of county commissioners of (county)
18 consist of 5 commissioners elected at large?"
19 Votes must be recorded as "Yes" or "No". If a majority of
20the electors voting on the question vote in the affirmative,
21then a 5-member board of county commissioners shall be
22established beginning with the next general election. The
23County Clerk, in consultation with the State's Attorney for the
24county, shall develop and present to the board of county
25commissioners, to implement by the adoption of a resolution,
26the transition of terms for the current 3-member board of

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1commissioners and the addition of 2 commissioners for 6-year
2terms. Thereafter, commissioners shall be elected at each
3general election to fill expired terms.
4 (d) The provisions of this Section do not apply to
5commissioners elected under Section 2-4006.5 of this Code.
6(Source: P.A. 96-175, eff. 8-10-09.)
7 Section 15. The Township Code is amended by changing
8Sections 10-25, 20-5, 25-15, 25-25, 27-5, 27-10, and 28-10 and
9the heading of Article 27 as follows:
10 (60 ILCS 1/10-25)
11 Sec. 10-25. Plan for changes in townships.
12 (a) The county board of each county may, subject to a
13referendum in the townships affected as provided in this
14Section, adopt a plan for altering the boundaries of townships,
15changing township lines, dividing, enlarging, or consolidating
16townships, or creating new townships, so that each township
17shall possess an equalized assessed valuation of not less than
18$10,000,000 as of the 1982 assessment year or an area of not
19more than 126 square miles.
20 (b) No alteration or change in boundaries shall be
21effective unless approved by a referendum in each township
22affected. The election authority shall submit to the voters of
23each township affected, at a regular election to be held not
24less than 60 days after the plan is adopted, the question of

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1approving the alteration or change. The alterations or changes,
2if approved by the voters, shall take effect on the date of the
3next township election and shall be applicable to that
4election. If there is doubt as to the township clerk with whom
5nomination papers for that election should be filed, the county
6board shall designate the clerk. In the alteration of
7boundaries, a county board may not disturb urban or coterminous
8townships in existence on October 1, 1978.
9(Source: P.A. 84-1308; 88-62.)
10 (60 ILCS 1/20-5)
11 Sec. 20-5. Consolidation of townships within city;
12petition and referendum. When the territory of any city in a
13county under township organization is composed of 5 or more
14congressional townships or fractional parts of congressional
15townships and the legal voters of the city want to organize the
16territory into one township, upon a petition of at least
17one-tenth of the legal voters of the city (to be ascertained by
18the votes cast at the last preceding presidential election),
19the county board of the county shall order submitted to the
20voters of the city, in accordance with the general election
21law, at the next general election, the question of
22consolidation of the territory included in the city into one
23township. The board shall certify the proposition to the proper
24election officials, who shall submit the proposition at the
25general election in accordance with the general election law.

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1The proposition shall be in substantially the following form:
2 Shall (names or descriptions of congressional
3 townships or parts of congressional townships) contained
4 within (name of city) be consolidated into one township?
5The votes shall be recorded as "Yes" or "No".
6 The petition to consolidate townships within a city may
7contain a requirement that a new township property tax levy to
8be levied on the new consolidated township equal to the lowest
9township property tax levy under Section 18-51 of the Property
10Tax Code.
11(Source: P.A. 81-1489; 88-62.)
12 (60 ILCS 1/25-15)
13 Sec. 25-15. Selection of county governing body; election
14Election of county commissioners. When township organization
15ceases in any county as provided in this Article, the county
16board may, by a 2/3 vote, restructure into a commission form of
17government on or before 60 days after a township organization
18ceases. If the county board votes to assume a commission form
19of government, an election shall be held in the county at the
20next general election in an even-numbered year for 3 county
21commissioners who shall hold office for 2, 4, and 6 years,
22respectively, and until their successors are elected and
23qualified. Terms shall be determined by lot. At each succeeding
24general election after the first, one commissioner shall be
25elected.

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1(Source: P.A. 82-783; 88-62.)
2 (60 ILCS 1/25-25)
3 Sec. 25-25. Disposal of township records and property. When
4township organization is discontinued in any county, the
5records of the several townships shall be deposited in the
6county clerk's office. The county board commissioners of the
7county may close up all unfinished business of the several
8townships and sell and dispose of any of the property belonging
9to a township for the benefit of the inhabitants of the
10township, as fully as might have been done by the townships
11themselves. The county board commissioners may pay all the
12indebtedness of any township existing at the time of the
13discontinuance of township organization and cause the amount of
14the indebtedness, or so much as may be necessary, to be levied
15upon the property of the township.
16(Source: P.A. 82-783; 88-62.)
17 (60 ILCS 1/Art. 27 heading)
18
ARTICLE 27. DISCONTINUANCE OF TOWNSHIP
19
ORGANIZATION WITHIN COTERMINOUS MUNICIPALITY:
20
ALL TOWNSHIPS
21
COUNTY POPULATION OF 3 MILLION OR MORE
22(Source: P.A. 98-127, eff. 8-2-13; 99-474, eff. 8-27-15.)
23 (60 ILCS 1/27-5)

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1 Sec. 27-5. Applicability. This Article shall apply only to
2a township that: (1) is within a coterminous, or substantially
3coterminous, municipality in which the city council exercises
4the powers and duties of the township board, or in which one or
5more municipal officials serve as an officer or trustee of the
6township; (2) is located within a county with a population of 3
7million or more; and (3) contains a territory of 7 square miles
8or more.
9(Source: P.A. 98-127, eff. 8-2-13.)
10 (60 ILCS 1/27-10)
11 Sec. 27-10. Petition and referendum to discontinue and
12abolish a township organization within a coterminous
13municipality. Upon adoption of an ordinance by the city council
14of a township described under Section 27-5 of this Article, or
15upon petition of at least 10% of the registered voters of that
16township, the city council shall certify and cause to be
17submitted to the voters of the township, at the next election
18or consolidated election, a proposition to discontinue and
19abolish the township organization and to transfer all the
20rights, powers, duties, assets, property, liabilities,
21obligations, and responsibilities of the township organization
22to the coterminous municipality.
23 A signature on a petition shall not be valid or counted in
24considering the petition unless the form requirements are
25complied with and the date of each signature is less than 90

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1days before the last day for filing the petition. The statement
2of the person who circulates the petition must include an
3attestation (i) indicating the dates on which that sheet was
4circulated, (ii) indicating the first and last date on which
5that sheet was circulated, or (iii) certifying that none of the
6signatures on the sheet was signed more than 90 days before the
7last day for filing the petition. The petition shall be treated
8and the proposition certified in the manner provided by the
9general election law. After the proposition has once been
10submitted to the electorate, the proposition shall not be
11resubmitted for 4 years.
12 The proposition shall be in substantially the following
13form:
14 Shall the township organization be continued in [Name
15 of Township] Township?
16 The votes shall be recorded as "Yes" or "No".
17 An ordinance or petition to discontinue and abolish a
18township may contain a requirement that a new property tax levy
19be levied on the new consolidated township and municipality
20equal to the lowest property tax levy of the township or
21municipality under Section 18-51 of the Property Tax Code.
22(Source: P.A. 98-127, eff. 8-2-13; 98-756, eff. 7-16-14.)
23 (60 ILCS 1/28-10)
24 Sec. 28-10. Ordinance to discontinue and abolish a township
25organization within a coterminous municipality; cessation of

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1township organization.
2 (a) The township board of a township described under
3Section 28-5 of this Article may adopt an ordinance, with a
4majority of the votes of the township board, providing that,
5upon the approval of a coterminous, or substantially
6coterminous, municipality's corporate authorities, (1) that
7the township organization shall discontinue and be abolished;
8and (2) that the township shall transfer all the rights,
9powers, duties, assets, property, liabilities, obligations,
10and responsibilities of the township organization to the
11coterminous, or substantially coterminous, municipality. The
12corporate authorities of the coterminous, or substantially
13coterminous, municipality shall adopt an ordinance by a
14majority vote approving such transfer to the municipality.
15 (b) On the later date of either the (i) approval of an
16ordinance by a municipality under subsection (a) of this
17Section, or (ii) expiration of the township officers' terms
18after passing an ordinance under subsection (a) of this
19Section, the township is discontinued and abolished and all the
20rights, powers, duties, assets, property, liabilities,
21obligations, and responsibilities of the township shall by
22operation of law vest in and be assumed by the municipality,
23including the authority to levy property taxes for township
24purposes in the same manner as the dissolved township.
25 (c) An ordinance adopted under subsection (a) of this
26Section may contain a requirement that a new property tax levy

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1be levied on the new consolidated township and municipality
2equal to the lowest property tax levy of the township or
3municipality under Section 18-51 of the Property Tax Code.
4(Source: P.A. 99-474, eff. 8-27-15.)
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