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

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Bill Title: Amends the Township Code. Removes a restriction requiring townships to possess an equalized assessed valuation of not less than $10,000,000 or 126 square miles. Further provides that after a vote or ordinance has approved the consolidation of a township, a county board may establish a new tax for the consolidated township or consolidated township and municipality. Amends the Property Tax Code making conforming changes.

Spectrum: Partisan Bill (Republican 1-0)

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

Download: Illinois-2015-SB2289-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB2289 Introduced 1/27/2016, by Sen. Pamela J. Althoff SYNOPSIS AS INTRODUCED:
35 ILCS 200/18-51 new
60 ILCS 1/10-25
60 ILCS 1/20-10
60 ILCS 1/27-10
60 ILCS 1/28-10
Amends the Township Code. Removes a restriction requiring townships to possess an equalized assessed valuation of not less than $10,000,000 or 126 square miles. Further provides that after a vote or ordinance has approved the consolidation of a township, a county board may establish a new tax for the consolidated township or consolidated township and municipality. Amends the Property Tax Code making conforming changes.
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FISCAL NOTE ACT MAY APPLY HOUSING AFFORDABILITY IMPACT 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 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 and the county board passes an ordinance or
resolution requiring a new property tax levy rate to be levied
on the new consolidated township or municipality, the county
clerk shall calculate a new township or municipal property tax
levy for the levy year in the year which the consolidation
takes place equal to the amount stated by the county board. The
new property tax levy shall contain all funds of the former tax
levies and the county clerk shall proportionally reduce each
fund unless otherwise required by the petition or ordinance.
Section 10. The Township Code is amended by changing
Sections 10-25, 20-10, 27-10, and 28-10 as follows:
(60 ILCS 1/10-25)

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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
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 1/20-10)
Sec. 20-10. Election results.

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(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, the county board may by
ordinance or resolution require that a new property tax levy
rate be levied on the new consolidated township for the levy
year in the year which the consolidation takes place at a rate
determined by the county board and administered under Section
18-51 of the Property Tax Code.
(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
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

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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
of Township] Township?
The votes shall be recorded as "Yes" or "No".
If a majority of the votes are in favor of discontinuing

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and abolishing a township organization, the county board may by
ordinance or resolution require that a new tax levy rate be
levied on the new consolidated municipality and township for
the levy year in the year which the consolidation takes place
at a rate determined by the county board and administered under
Section 18-51 of the Property Tax Code.
(Source: P.A. 98-127, eff. 8-2-13; 98-756, eff. 7-16-14.)
(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
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

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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) Prior to or after effective date of discontinuance and
abolishment of the township organization under this Section,
the county board may by ordinance or resolution require that a
new tax levy rate be levied on the new consolidated
municipality and township for the levy year in the year which
the consolidation takes place at a rate determined by the
county board and administered under Section 18-51 of the
Property Tax Code.
(Source: P.A. 99-474, eff. 8-27-15.)