Illinois General Assembly - Full Text of Public Act 098-0127
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Public Act 098-0127


 

Public Act 0127 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-0127
 
SB1585 EnrolledLRB098 07311 OMW 37374 b

    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 3-70 as follows:
 
    (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.
 
    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. Applicability. This Article shall apply only to
a township that: (1) is within a coterminous, or substantially
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.
 
    (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
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".
 
    (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.
 
    (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.
 
    (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.
 
    Section 15. The Public Health District Act is amended by
adding Section 25 as follows:
 
    (70 ILCS 905/25 new)
    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.
 
    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. 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.
 
    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. 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.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 08/02/2013