99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2287

 

Introduced 1/27/2016, by Sen. Pamela J. Althoff

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 200/2-85 new
55 ILCS 5/2-4006
60 ILCS 1/25-15
60 ILCS 1/25-25
60 ILCS 1/Art. 29 heading new
60 ILCS 1/29-5 new
60 ILCS 1/29-10 new
60 ILCS 1/29-15 new
60 ILCS 1/29-20 new
60 ILCS 1/29-25 new
70 ILCS 905/27 new
305 ILCS 5/12-3.2 new
605 ILCS 5/5-205.11 new

    Amends the Township Code. Provides that upon a petition by citizens, a referendum shall be submitted to the voters 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 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. Further provides that a county may retain its form of government after all townships have been dissolved. Amends the Property Tax Code, the Public Health District Act, the Illinois Public Aid Code, and the Illinois Highway Code making conforming changes. Effective immediately.


LRB099 16513 AWJ 40849 b

FISCAL NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2287LRB099 16513 AWJ 40849 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 2-85 as follows:
 
6    (35 ILCS 200/2-85 new)
7    Sec. 2-85. Cessation of township organization. If township
8organization ceases as provided in Article 29 of the Township
9Code, then the supervisor of assessments or county assessor, as
10applicable, shall assume the duties of the township assessor
11under this Code.
 
12    Section 10. The Counties Code is amended by changing
13Section 2-4006 as follows:
 
14    (55 ILCS 5/2-4006)
15    Sec. 2-4006. Terms of commissioners.
16    (a) In every county not under township organization that is
17organized as commission form of government having 3
18commissioners elected at large as described in subsection (b)
19or (c), the commissioners shall be elected as provided in this
20Section.
21    (b) In a county in which one commissioner was elected at

 

 

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1the general election in 1992 to serve for a term of 4 years and
2in which 2 commissioners will be elected at the general
3election in 1994, the commissioner elected in 1994 and
4receiving the greatest number of votes shall serve for a term
5of 6 years. The other commissioner elected in 1994 shall serve
6for a term of 4 years. At the general election in 1996 and at
7each general election thereafter, one commissioner shall be
8elected to serve for a term of 6 years.
9    (c) In a county in which 2 commissioners were elected at
10the general election in 1992 to serve for terms of 4 years and
11in which one commissioner will be elected at the general
12election in 1994, the commissioner elected in 1994 shall serve
13for a term of 4 years. The commissioner elected in 1996 and
14receiving the greatest number of votes shall serve for a term
15of 6 years. The other commissioner elected in 1996 shall serve
16for a term of 4 years. At the general election in 1998 and at
17each general election thereafter, one commissioner shall be
18elected to serve for a term of 6 years.
19    (c-5) In Calhoun County, Edwards County, and Union County,
20the registered voters of the county may, upon referendum
21initiated by (i) the adoption of a resolution of the board of
22county commissioners or (ii) a petition signed by not less than
2310% of the registered voters in the county, determine that the
24board of county commissioners shall consist of 5 commissioners
25elected at large. The commissioners must certify the question
26to the proper election authority, which must submit the

 

 

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1question at an election in accordance with the general election
2law.
3    The question shall be submitted in substantially the
4following form:
5        "Shall the board of county commissioners of (county)
6    consist of 5 commissioners elected at large?"
7    Votes must be recorded as "Yes" or "No". If a majority of
8the electors voting on the question vote in the affirmative,
9then a 5-member board of county commissioners shall be
10established beginning with the next general election. The
11County Clerk, in consultation with the State's Attorney for the
12county, shall develop and present to the board of county
13commissioners, to implement by the adoption of a resolution,
14the transition of terms for the current 3-member board of
15commissioners and the addition of 2 commissioners for 6-year
16terms. Thereafter, commissioners shall be elected at each
17general election to fill expired terms.
18    (d) The provisions of this Section do not apply to
19commissioners elected under Section 2-4006.5 of this Code.
20(Source: P.A. 96-175, eff. 8-10-09.)
 
21    Section 15. The Township Code is amended by adding Article
2229 and by changing Sections 25-15 and 25-25 as follows:
 
23    (60 ILCS 1/25-15)
24    Sec. 25-15. Selection of county governing body; election

 

 

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1Election of county commissioners. When township organization
2ceases in any county as provided in this Article, the county
3board may by ordinance or resolution restructure into a
4commission form of government on or before 180 days after a
5township organization ceases. If the county board votes to
6assume a commission form of government, an election shall be
7held in the county at the next general election in an
8even-numbered year for 3 county commissioners who shall hold
9office for 2, 4, and 6 years, respectively, and until their
10successors are elected and qualified. Terms shall be determined
11by lot. At each succeeding general election after the first,
12one commissioner shall be elected.
13(Source: P.A. 82-783; 88-62.)
 
14    (60 ILCS 1/25-25)
15    Sec. 25-25. Disposal of township records and property. When
16township organization is discontinued in any county, the
17records of the several townships shall be deposited in the
18county clerk's office. The county board or commissioners of the
19county may close up all unfinished business of the several
20townships and sell and dispose of any of the property belonging
21to a township for the benefit of the inhabitants of the
22township, as fully as might have been done by the townships
23themselves. The county board or commissioners may pay all the
24indebtedness of any township existing at the time of the
25discontinuance of township organization and cause the amount of

 

 

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1the indebtedness, or so much as may be necessary, to be levied
2upon the property of the township.
3(Source: P.A. 82-783; 88-62.)
 
4    (60 ILCS 1/Art. 29 heading new)
5
ARTICLE 29. DISCONTINUANCE OF SINGULAR TOWNSHIP ORGANIZATION
6
WITHIN A COUNTY

 
7    (60 ILCS 1/29-5 new)
8    Sec. 29-5. Petition to discontinue and abolish a singular
9township organization within a county. Upon petition of at
10least 5% of the registered voters of a township, the county
11board of the county in which the township is located shall
12certify and cause to be submitted to the voters of the county,
13at the next election, a proposition to discontinue and abolish
14that township's township organization and to transfer all the
15rights, powers, duties, assets, property, liabilities,
16obligations, and responsibilities of the township organization
17to the county board, or any county department or officer
18designated by the county board.
19    A signature on a petition shall not be valid or counted in
20considering the petition unless the form requirements are
21complied with and the date of each signature is less than 180
22days before the last day for filing the petition. The statement
23of the person who circulates the petition must include an
24attestation (i) indicating the dates on which that sheet was

 

 

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1circulated, (ii) indicating the first and last date on which
2that sheet was circulated, or (iii) certifying that none of the
3signatures on the sheet was signed more than 180 days before
4the last day for filing the petition. The petition shall be
5treated and the proposition certified in the manner provided by
6the general election law. After the proposition has once been
7submitted to the electorate, the proposition shall not be
8resubmitted for 4 years.
9    The proposition shall be in substantially the following
10form:
11        Shall (name of township) Township be discontinued and
12    abolished with all the rights, powers, duties, assets,
13    property, liabilities, obligations, and responsibilities
14    being assumed by (name of county) County?
15    The votes shall be recorded as "Yes" or "No".
 
16    (60 ILCS 1/29-10 new)
17    Sec. 29-10. Cessation of township organization. If a
18majority of the votes of the county cast are in favor of the
19proposition to discontinue and abolish the township
20organization, then the township organization in that township
21shall cease after expiration of the township officers' terms
22under Section 29-15 of this Article. All laws relating to
23counties not under township organization shall be applicable to
24the township, the same as if township organization had never
25been adopted.

 

 

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1    On the effective date of the discontinuance and abolishment
2of the township organization, all the rights, powers, duties,
3assets, property, liabilities, obligations, and
4responsibilities of the township shall by operation of law vest
5in and be assumed by the county.
 
6    (60 ILCS 1/29-15 new)
7    Sec. 29-15. Township officers.
8    (a) The township officers of any township that is
9discontinued pursuant to this Article shall continue as
10officers of that township until the expiration of the
11respective terms for which they were elected or appointed.
12    (b) On and after the expiration of the term of a township
13officer, the county board, or county department or officer
14designated by the county board, shall exercise all duties and
15responsibilities of that township officer as provided in the
16Township Code, the Illinois Public Aid Code, Property Tax Code,
17and the Illinois Highway Code, as applicable. The county may
18enter into an intergovernmental agreement or contract with a
19municipality or the State to administer the duties and
20responsibilities of that township officer for services under
21its jurisdiction.
 
22    (60 ILCS 1/29-20 new)
23    Sec. 29-20. Cessation of township; taxing authority. The
24county in which the township is located shall assume all taxing

 

 

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1authority of the township abolished under this Article. For
2purposes of distribution of revenue, the county board, or
3county department or officer designated by the county board,
4shall assume the powers, duties, and obligations of the
5township.
 
6    (60 ILCS 1/29-25 new)
7    Sec. 29-25. Business, records, and property of
8discontinued township organization. The records of a township
9organization discontinued under this Article shall be
10deposited in the county clerk's office. The county board, or
11county department or officer designated by the county board,
12may close up all unfinished business of the township and sell
13and dispose of any of the property belonging to the township
14for benefit of the inhabitants of the county.
 
15    Section 20. The Public Health District Act is amended by
16adding Section 27 as follows:
 
17    (70 ILCS 905/27 new)
18    Sec. 27. Cessation of township organization. If township
19organization ceases as provided in Article 29 of the Township
20Code, then the county board, or county department or officer
21designated by the county board, shall assume the duties,
22powers, and responsibilities of the board of health for the
23public health district under this Act.
 

 

 

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1    Section 25. The Illinois Public Aid Code is amended by
2adding Section 12-3.2 as follows:
 
3    (305 ILCS 5/12-3.2 new)
4    Sec. 12-3.2. Cessation of township organization. Upon the
5discontinuance of township organization as provided in Article
629 of the Township Code, the county shall provide funds for and
7administer the public aid program provided by Article VI.
 
8    Section 30. The Illinois Highway Code is amended by adding
9Section 5-205.11 as follows:
 
10    (605 ILCS 5/5-205.11 new)
11    Sec. 5-205.11. Cessation of township organization. If
12township organization ceases as provided in Article 29 of the
13Township Code, then the county shall assume the duties of
14highway commissioner under this Code.
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.