HB3133 100TH GENERAL ASSEMBLY

LRB100 08527 AWJ 18652 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3133

Introduced , by Rep. Sam Yingling

SYNOPSIS AS INTRODUCED:

See Index

Creates the Township Modernization and Consolidation Act. Provides that all townships in a county may be dissolved by referendum, through either citizen petition or county board ordinance. Provides for petition, ordinance, and notice requirements. Provides for transfer of property, assets, personnel, contractual obligations, liabilities, tax levies, records, and rights and duties from the township to county. Further provides for procedures the county board may employ if a township has outstanding debt on the date of dissolution of the township. Amends the Township Code. Abolishes of office of township collector and transfers all powers and duties to the county collector. Provides that counties who dissolve all townships may retain their current form of governance (currently, required to form a commission form). Further provides that all townships within a coterminous municipality may dissolve (currently, only selected townships may). Amends the Election Code, Public Funds Statement Publication Act, the Property Tax Code, Mobile Home Local Services Tax Enforcement Act, and Counties Code making conforming changes.

FISCAL NOTE ACT MAY APPLY

HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Township Modernization and Consolidation Act.

Section 5. Scope. The method of dissolution of townships under this Act shall be in addition to any other method of dissolving a township provided by law or otherwise.

Section 10. Definitions. As used in this Act:

"Date of dissolution" shall mean the day after the earliest expiring term ends of a township supervisor, clerk, assessor, or trustee of each dissolving township after a referendum has been approved under Section 30 of this Act or 90 days after the date of the election at which the referendum is approved, whichever is later.

"Dissolving townships" means the townships proposed to be dissolved by referendum under this Act.

"Electors" means the registered voters of the receiving county.

"Receiving county" means the county receiving the rights, duties, and liabilities of the dissolving townships.

Section 15. Petition requirements; notice.

(a) Subject to the petition requirements of Section 28-3 of the Election Code, petitions for a referendum to dissolve all townships in a county must be filed with the governing board of each of the dissolving townships and the county board of the receiving county not less than 122 days prior to a general election. Petitions must include:

(1) the names of all townships in the county;

(2) the receiving county;

(3) the date of dissolution of each township affected;

(4) signatures of a number of electors equal to or greater than 5% of the total votes cast in the preceding general election in the receiving county; and

(5) an affidavit of publication, attesting that notice of the petition to dissolve all townships was published in a newspaper of general circulation within the territory of all dissolving townships and the county at least 122 days and no more than 152 days prior to the general election at which the referendum is to be voted upon.

(b) The dates of dissolution shall be at least 90 days after the date of the election at which the referendum is to be voted upon.

(c) The parties filing a petition under this Section shall give notice in substantially the following form:

NOTICE OF PETITION TO DISSOLVE ALL TOWNSHIPS IN .... COUNTY.

Residents of .... County are notified that a petition will be filed with all townships and the .... County board requesting a referendum to dissolve all townships in .... County on [each date of dissolution, as applicable] with all real and personal property, and any other assets, together with all personnel, contractual obligations, and liabilities being transferred to .... County.

Section 20. Ordinance requirements; notice.

(a) A county board may pass an ordinance to dissolve all townships in the county by referendum at the next general election. The ordinance must be passed not less than 122 days prior to the general election in which the referendum will appear. The ordinance must include:

(1) the names of all townships in the county;

(2) the receiving county;

(3) the date of dissolution of each township affected; and

(4) an affidavit of publication, attesting that notice of the ordinance to dissolve townships was published in a newspaper of general circulation within the territory of all dissolving townships and the county at least 122 days and no more than 152 days prior to the general election at which the referendum is to be voted upon.

(b) The dates of dissolution shall be at least 90 days after the date of the election at which the referendum is to be voted upon.

(c) The county board passing an ordinance under this Section shall give notice in substantially the following form:

NOTICE OF ORDINANCE TO DISSOLVE ALL TOWNSHIPS IN .... COUNTY.

Residents of .... County are notified that an ordinance may be passed by the .... County board requesting a referendum to dissolve all townships in .... County on [each date of dissolution, as applicable] with all real and personal property, and any other assets, together with all personnel, contractual obligations, and liabilities being transferred to .... County.

Section 25. Ballot placement. A petition or ordinance that meets the requirements of Section 15 or 20 shall be placed on the ballot in the form provided for in Section 30 at the general election next following. Failure to publish the required notice of petition or ordinance shall render the petition or ordinance, and the results of any referendum held on the petition or ordinance, null and void.

Section 30. Referendum; voting.

(a) Subject to the requirements of Section 16-7 of the Election Code, the referendum described in Section 30 shall be in substantially the following form on the ballot:

-----------

Shall the townships of .... County be dissolved YES on [each date of dissolution, as applicable] with all of their property, ---------------------------

assets, personnel, obligations, and liabilities being NO transferred to .... County? -------------------------------------------------------------

(b) The referendum is approved when a majority of the electors of the receiving county approve the referendum.

Section 35. Dissolution; transfer of rights and duties. When the dissolution of townships have been approved under Section 30:

(a) Except as otherwise provided for in this Act, on or before each date of dissolution, all real and personal property, and any other assets, together with all personnel, contractual obligations, and liabilities of each dissolving township shall be transferred to the receiving county.

(b) On or before each date of dissolution, each dissolving township shall transfer all records to the county clerk who shall thereafter be in control of such records.

(c) On its applicable date of dissolution, each dissolving township is dissolved.

(d) Except as otherwise provided for in this Act, on and after each date of dissolution, all rights and duties of the dissolved townships, including, but not limited to, the authority to tax (if any), may be exercised by the county board of the receiving county.

(e) On and after each date of dissolution, the county board of the receiving county may continue the levying of any general assistance tax still in effect which was issued by the township under subsection (c) of Section 235-20 of the Township Code by the dissolved townships as follows:

(1) The municipal portion of the general assistance tax shall be levied the same as before the dissolution of the township until the conclusion of the general assistance tax.

(2) The dissolved township's portion of the levy of the general assistance tax shall be redistributed between all taxpayers of the receiving county except those taxpayers under paragraph (1) of this subsection (e).

(f) If on the date of dissolution a township has outstanding bonds or any other financial indebtedness, the following shall apply:

(1) The receiving county's board may, on and after the date of dissolution, liquidate or transfer for fair market value the real and personal property, and other assets, of the former township in an amount no greater than the indebtedness.

(2) The county board may levy taxes, in an amount no greater than the indebtedness, as if the township remained in existence to pay any indebtedness. For purposes of levying taxes under this paragraph (2), the county clerk has the authority of the township clerk; the county assessor or county supervisor of assessments has the authority of the township assessor; the county board chairperson has the authority of the township supervisor; and the county board has the authority of the township board and the highway commissioner.

(g) On and after each date of dissolution, the supervisor of assessments or county assessor shall assume the duties of the township assessor. Any equipment and assets controlled by the township assessor shall be transferred to the supervisor of assessments or county assessor.

(h) On and after each date of dissolution, the county board chairperson shall assume the duties of the township highway commissioner and shall have jurisdiction over all areas that a township highway commissioner had jurisdiction. Additionally, the county board shall assume the duties of the township board of trustees and the county clerk shall assume the duties of the township clerk as it relates to the taxes levied by a highway commission.

(i) Notwithstanding any other provision of law, on and after all townships have been dissolved under this Act, the county board, or county commission if the county board chooses to become a commission form of government under Section 25-25 of the Township Code, may levy a general assistance tax and a tax issued by a highway commission as if the county board was organized under a township or commission form of government. This subsection (i) shall not give a county board or county commission the authority to issue two general assistance taxes (one under the township form of governance and one under a commission form of governance) or two highway commission taxes (one under the township form of governance and one under a commission form of governance). Any general assistance tax or highway commission tax imposed shall not be subject to any amount of indebtedness under paragraph (2) of subsection (f) of this Section.

Section 40. Expenses and contracts after referendum. After a referendum passes under Section 30 of this Act and before the date of dissolution of a township:

(a) A dissolving township, or any township official, division, or commission, may not enter into, renew, or extend any contracts that would extend beyond the date of dissolution of the township.

(b) A dissolving township, or any township official, division, or commission, may not enter into, renew, or extend any contracts, bonds, or other expenditures that would increase the indebtedness of the township to an amount greater than the amount of indebtedness on the date the referendum passed.

(c) A dissolving township shall not amend its budget to allow expenses greater than those allowed on the date the referendum passed.

(d) A dissolving township shall not enact any new taxes.

(e) Notwithstanding subsections (a), (b), and (c), the township board may approve contracts and expenses for emergency purposes to protect the life, health, safety of its residents and property.

Section 100. The Election Code is amended by changing Section 28-7 as follows:

(10 ILCS 5/28-7) (from Ch. 46, par. 28-7)

Sec. 28-7. Except as provided in the Township Modernization and Consolidation Act, in In any case in which Article VII or paragraph (a) of Section 5 of the Transition Schedule of the Constitution authorizes any action to be taken by or with respect to any unit of local government, as defined in Section 1 of Article VII of the Constitution, by or subject to approval by referendum, any such public question shall be initiated in accordance with this Section.

Any such public question may be initiated by the governing body of the unit of local government by resolution or by the filing with the clerk or secretary of the governmental unit of a petition signed by a number of qualified electors equal to or greater than at least 8% of the total votes cast for candidates for Governor in the preceding gubernatorial election, requesting the submission of the proposal for such action to the voters of the governmental unit at a regular election.

If the action to be taken requires a referendum involving 2 or more units of local government, the proposal shall be submitted to the voters of such governmental units by the election authorities with jurisdiction over the territory of the governmental units. Such multi-unit proposals may be initiated by appropriate resolutions by the respective governing bodies or by petitions of the voters of the several governmental units filed with the respective clerks or secretaries.

This Section is intended to provide a method of submission to referendum in all cases of proposals for actions which are authorized by Article VII of the Constitution by or subject to approval by referendum and supersedes any conflicting statutory provisions except those contained in the County Executive Law, which is Division 2-5 of the Counties Code, "County Executive Act" or the Township Modernization and Consolidation Act.

Referenda provided for in this Section may not be held more than once in any 23-month period on the same proposition, provided that in any municipality a referendum to elect not to be a home rule unit may be held only once within any 47-month period.

(Source: P.A. 97-81, eff. 7-5-11.)

Section 105. The Public Funds Statement Publication Act is amended by changing Section 3a as follows:

(30 ILCS 15/3a) (from Ch. 102, par. 7a)

Sec. 3a. In counties having a population of less than 500,000, if any such public officer in the discharge of his or her official duties, receives all or any part of his funds from the county collector, the county treasurer, or, prior to the effective date of this amendatory Act of the 100th General Assembly, the township collector, and if the county treasurer determines, by reviewing documents filed with the county clerk under Section 3 of this Act, that the public officer has failed to comply with Section 2 of this Act, then the county treasurer shall withhold the payment to that public official of any and all funds until the public official has complied with Section 2 of this Act.

(Source: P.A. 95-367, eff. 8-23-07.)

Section 110. The Property Tax Code is amended by changing Section 3-70 and by adding Section 1-151 as follows:

(35 ILCS 200/1-151 new)

Sec. 1-151. Township collector. Any reference in this Code to "township collector" shall mean "county collector".

(35 ILCS 200/3-70)

Sec. 3-70. Cessation of Township Assessor.

(a) If the office of Township Assessor in a coterminous township ceases as provided in Articles 27 and 28 of the Township Code, then the coterminous municipality shall assume the duties of the Township Assessor under this Code.

(b) If a township dissolves as provided in Article 27 of the Township Code or in the Township Modernization and Consolidation Act, then the supervisor of assessments or county assessor, as applicable, shall assume the duties of the township assessor under this Code.

(Source: P.A. 98-127, eff. 8-2-13; 99-474, eff. 8-27-15.)

Section 115. The Mobile Home Local Services Tax Enforcement Act is amended by changing Section 320 as follows:

(35 ILCS 516/320)

Sec. 320. Partial redemption of forfeited mobile homes. In counties with less than 3,000,000 inhabitants, when forfeited taxes on a mobile home remain unpaid for one or more years, it is permissible to pay to the county or township collector, one or more full years of back or forfeited taxes, interest prior to forfeiture, statutory costs, printers' fees, and forfeiture interest or penalties, attaching thereto beginning with the earliest year for which the taxes are unpaid. In no case shall payment on account of a designated years' taxes be accepted unless the sums due for prior years have first been paid or are tendered at the same time.

Any person seeking to make payments under this Section shall notify the county clerk of his or her intention in person or by agent or in writing. If notice is given while the collector has possession of the collector's books, the county clerk shall prepare an addendum to be presented to the collector and attached, by the collector, to the collector's books on which the description of the mobile home involved appears, which addendum shall become a part of the collector's books. If notice is given after the tax sale, but before receipt by the county collector of the current collector's books, the county clerk shall prepare an addendum and attach it to the Tax Judgment, Sale, Redemption, and Forfeiture record, on which the mobile home involved appears, which addendum shall become a part of that record.

The addendum shall show separately, for the year or years to be paid, (a) the amount of back or forfeited taxes, (b) interest prior to forfeiture, (c) statutory costs and printers' fees, and (d) forfeiture interest or penalties attaching thereto. The county clerk shall, at the same time, order the county or town collector to receive from the person the amount due on account of the taxes, for the year or years determined as provided above, of the back or forfeited taxes, interest prior to forfeiture, statutory costs, printers' fees, and forfeiture interest or penalties to date attaching to the back or forfeited taxes.

Upon presentation of the order from the county clerk, and receipt of the addendum if the books are in the collector's possession, the collector shall receive the sum tendered on account of the taxes for the year or years designated, and make out duplicate receipts therefor. The receipts shall set forth a description of the mobile home, the year or years paid, and the total amount received. One copy of the receipt shall be given the person making payment and, when countersigned by the county clerk, shall be evidence of the payment therein set forth. The second copy shall be filed by the county clerk in his or her office.

If the collector's books are in the collector's possession, he or she shall enter the payment on the current collector's books or addendum, and he or she shall also enter any unpaid balance on the Tax Judgment, Sale, Redemption and Forfeiture record at the proper time.

After the tax sale and before receipt by the county collector of the current collector's books, the county clerk shall make a proper entry on the Tax Judgment, Sale, Redemption and Forfeiture record, and shall charge the county collector with the sum received. The county clerk shall also enter any unpaid balance on the county collector's books at the proper time.

The county collector shall distribute all sums received as required by law.

(Source: P.A. 92-807, eff. 1-1-03.)

Section 120. The Counties Code is amended by changing the heading of Division 2-4 and Sections 2-4006, 5-1005, and 5-32028 as follows:

(55 ILCS 5/Div. 2-4 heading)

Division 2-4. Counties not under Township Organization

Organized as a Commission Form of Government

(55 ILCS 5/2-4006)

Sec. 2-4006. Terms of commissioners.

(a) In every county not under township organization that is organized as commission form of government having 3 commissioners elected at large as described in subsection (b) or (c), the commissioners shall be elected as provided in this Section.

(b) In a county in which one commissioner was elected at the general election in 1992 to serve for a term of 4 years and in which 2 commissioners will be elected at the general election in 1994, the commissioner elected in 1994 and receiving the greatest number of votes shall serve for a term of 6 years. The other commissioner elected in 1994 shall serve for a term of 4 years. At the general election in 1996 and at each general election thereafter, one commissioner shall be elected to serve for a term of 6 years.

(c) In a county in which 2 commissioners were elected at the general election in 1992 to serve for terms of 4 years and in which one commissioner will be elected at the general election in 1994, the commissioner elected in 1994 shall serve for a term of 4 years. The commissioner elected in 1996 and receiving the greatest number of votes shall serve for a term of 6 years. The other commissioner elected in 1996 shall serve for a term of 4 years. At the general election in 1998 and at each general election thereafter, one commissioner shall be elected to serve for a term of 6 years.

(c-5) In Calhoun County, Edwards County, and Union County, the registered voters of the county may, upon referendum initiated by (i) the adoption of a resolution of the board of county commissioners or (ii) a petition signed by not less than 10% of the registered voters in the county, determine that the board of county commissioners shall consist of 5 commissioners elected at large. The commissioners must certify the question to the proper election authority, which must submit the question at an election in accordance with the general election law.

The question shall be submitted in substantially the following form:

"Shall the board of county commissioners of (county) consist of 5 commissioners elected at large?"

Votes must be recorded as "Yes" or "No". If a majority of the electors voting on the question vote in the affirmative, then a 5-member board of county commissioners shall be established beginning with the next general election. The County Clerk, in consultation with the State's Attorney for the county, shall develop and present to the board of county commissioners, to implement by the adoption of a resolution, the transition of terms for the current 3-member board of commissioners and the addition of 2 commissioners for 6-year terms. Thereafter, commissioners shall be elected at each general election to fill expired terms.

(d) The provisions of this Section do not apply to commissioners elected under Section 2-4006.5 of this Code.

(Source: P.A. 96-175, eff. 8-10-09.)

(55 ILCS 5/5-1005) (from Ch. 34, par. 5-1005)

Sec. 5-1005. Powers. Each county shall have power:

1. To purchase and hold the real and personal estate necessary for the uses of the county, and to purchase and hold, for the benefit of the county, real estate sold by virtue of judicial proceedings in which the county is plaintiff.

2. To sell and convey or lease any real or personal estate owned by the county.

3. To make all contracts and do all other acts in relation to the property and concerns of the county necessary to the exercise of its corporate powers.

4. To take all necessary measures and institute proceedings to enforce all laws for the prevention of cruelty to animals.

5. To purchase and hold or lease real estate upon which may be erected and maintained buildings to be utilized for purposes of agricultural experiments and to purchase, hold and use personal property for the care and maintenance of such real estate in connection with such experimental purposes.

6. To cause to be erected, or otherwise provided, suitable buildings for, and maintain a county hospital and necessary branch hospitals and/or a county sheltered care home or county nursing home for the care of such sick, chronically ill or infirm persons as may by law be proper charges upon the county, or upon other governmental units, and to provide for the management of the same. The county board may establish rates to be paid by persons seeking care and treatment in such hospital or home in accordance with their financial ability to meet such charges, either personally or through a hospital plan or hospital insurance, and the rates to be paid by governmental units, including the State, for the care of sick, chronically ill or infirm persons admitted therein upon the request of such governmental units. Any hospital maintained by a county under this Section is authorized to provide any service and enter into any contract or other arrangement not prohibited for a hospital that is licensed under the Hospital Licensing Act, incorporated under the General Not-For-Profit Corporation Act, and exempt from taxation under paragraph (3) of subsection (c) of Section 501 of the Internal Revenue Code.

7. To contribute such sums of money toward erecting, building, maintaining, and supporting any non-sectarian public hospital located within its limits as the county board of the county shall deem proper.

8. To purchase and hold real estate for the preservation of forests, prairies and other natural areas and to maintain and regulate the use thereof.

9. To purchase and hold real estate for the purpose of preserving historical spots in the county, to restore, maintain and regulate the use thereof and to donate any historical spot to the State.

10. To appropriate funds from the county treasury to be used in any manner to be determined by the board for the suppression, eradication and control of tuberculosis among domestic cattle in such county.

11. To take all necessary measures to prevent forest fires and encourage the maintenance and planting of trees and the preservation of forests.

12. To authorize the closing on Saturday mornings of all offices of all county officers at the county seat of each county, and to otherwise regulate and fix the days and the hours of opening and closing of such offices, except when the days and the hours of opening and closing of the office of any county officer are otherwise fixed by law; but the power herein conferred shall not apply to the office of State's Attorney and the offices of judges and clerks of courts and, in counties of 500,000 or more population, the offices of county clerk.

13. To provide for the conservation, preservation and propagation of insectivorous birds through the expenditure of funds provided for such purpose.

14. To appropriate funds from the county treasury and expend the same for care and treatment of tuberculosis residents.

15. In counties having less than 1,000,000 inhabitants, to take all necessary or proper steps for the extermination of mosquitoes, flies or other insects within the county.

16. To install an adequate system of accounts and financial records in the offices and divisions of the county, suitable to the needs of the office and in accordance with generally accepted principles of accounting for governmental bodies, which system may include such reports as the county board may determine.

17. To purchase and hold real estate for the construction and maintenance of motor vehicle parking facilities for persons using county buildings, but the purchase and use of such real estate shall not be for revenue producing purposes.

18. To acquire and hold title to real property located within the county, or partly within and partly outside the county by dedication, purchase, gift, legacy or lease, for park and recreational purposes and to charge reasonable fees for the use of or admission to any such park or recreational area and to provide police protection for such park or recreational area. Personnel employed to provide such police protection shall be conservators of the peace within such park or recreational area and shall have power to make arrests on view of the offense or upon warrants for violation of any of the ordinances governing such park or recreational area or for any breach of the peace in the same manner as the police in municipalities organized and existing under the general laws of the State. All such real property outside the county shall be contiguous to the county and within the boundaries of the State of Illinois.

19. To appropriate funds from the county treasury to be used to provide supportive social services designed to prevent the unnecessary institutionalization of elderly residents, or, for operation of, and equipment for, senior citizen centers providing social services to elderly residents.

20. To appropriate funds from the county treasury and loan such funds to a county water commission created under the "Water Commission Act", approved June 30, 1984, as now or hereafter amended, in such amounts and upon such terms as the county may determine or the county and the commission may agree. The county shall not under any circumstances be obligated to make such loans. The county shall not be required to charge interest on any such loans.

21. To appropriate and expend funds from the county treasury for economic development purposes, including the making of grants to any other governmental entity or commercial enterprise deemed necessary or desirable for the promotion of economic development in the county.

22. To lease space on a telecommunications tower to a public or private entity.

23. In counties having a population of 100,000 or less and a public building commission organized by the county seat of the county, to cause to be erected or otherwise provided, and to maintain or cause to be maintained, suitable facilities to house students pursuing a post-secondary education at an academic institution located within the county. The county may provide for the management of the facilities.

24. Dissolve townships under the Township Modernization and Consolidation Act.

All contracts for the purchase of coal under this Section shall be subject to the provisions of "An Act concerning the use of Illinois mined coal in certain plants and institutions", filed July 13, 1937, as amended.

(Source: P.A. 95-197, eff. 8-16-07; 95-813, eff. 1-1-09; 96-622, eff. 8-24-09.)

(55 ILCS 5/5-32028) (from Ch. 34, par. 5-32028)

Sec. 5-32028. Certification of assessment roll; collection of assessments. Within 30 days after the filing of the report of the amount and date of the first voucher issued on account of construction work done, the clerk of the court in which such judgment is rendered shall certify the assessment roll and judgment to the township collector or county collector authorized to collect the special assessment, or if there has been an appeal taken on any part of the judgment, he shall certify such part of the judgment as is not included in that appeal. This certification shall be filed by the officer receiving it in his office. With the assessment roll and judgment the clerk of the designated court shall also issue a warrant for the collection of the assessment. The court has the power to recall such warrants as to all or any of the property affected at any time before payment or sale, in case the proceedings are abandoned by the petitioner or the judgment is vacated or modified in a material respect as hereinbefore provided, but not otherwise. In case the assessment roll has been abated and the judgment reduced, the clerk of the designated court, within 30 days thereafter, shall certify the order of reduction or the roll as so reduced or recast under the direction of the court to the county collector authorized to collect the special assessment, and shall issue a warrant for the collection of the assessment as so reduced or recast.

(Source: P.A. 86-962.)

Section 125. The Township Code is amended by changing the heading of Article 27 and Sections 25-15, 25-25, 27-5, 27-10, 27-15, and 235-20 and by adding Section 78-10 as follows:

(60 ILCS 1/25-15)

Sec. 25-15. Selection of county governing body; election Election of county commissioners. When township organization ceases in any county as provided in this Article or the Township Modernization and Consolidation Act, the county board may restructure into a commission form of government by ordinance or resolution. If the county board enacts an ordinance or resolution to assume a commission form of government, an election shall be held in the county at the next general election in an even-numbered year for 3 county commissioners who shall hold office for 2, 4, and 6 years, respectively, and until their successors are elected and qualified. Terms shall be determined by lot. At each succeeding general election after the first, one commissioner shall be elected.

(Source: P.A. 82-783; 88-62.)

(60 ILCS 1/25-25)

Sec. 25-25. Disposal of township records and property. When township organization is discontinued in any county, the records of the several townships shall be deposited in the county clerk's office. The county board or commissioners of the county may close up all unfinished business of the several townships and sell and dispose of any of the property belonging to a township for the benefit of the inhabitants of the township, as fully as might have been done by the townships themselves. The county board or commissioners may pay all the indebtedness of any township existing at the time of the discontinuance of township organization and cause the amount of the indebtedness, or so much as may be necessary, to be levied upon the property of the township.

(Source: P.A. 82-783; 88-62.)

(60 ILCS 1/Art. 27 heading)

ARTICLE 27. DISCONTINUANCE OF TOWNSHIP

ORGANIZATION WITHIN COTERMINOUS MUNICIPALITY:

COUNTY POPULATION OF 3 MILLION OR MORE

(Source: P.A. 98-127, eff. 8-2-13; 99-474, eff. 8-27-15.)

(60 ILCS 1/27-5)

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.

(Source: P.A. 98-127, eff. 8-2-13.)

(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 governing board 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 governing board 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".

(Source: P.A. 98-127, eff. 8-2-13; 98-756, eff. 7-16-14.)

(60 ILCS 1/27-15)

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 except for the rights, powers, duties, obligations, and responsibilities of the township assessor which shall be transferred to the supervisor of assessments or county assessor, as applicable.

(Source: P.A. 98-127, eff. 8-2-13.)

(60 ILCS 1/78-10 new)

Sec. 78-10. Elimination of township collector. On the effective date of this amendatory Act of the 100th General Assembly:

(a) All township collector offices cease and the county collector shall assume the obligations and duties of every township collector in the county.

(b) Any reference in this Code, other statute, or administrative rule to "township collector" shall mean "county collector".

(c) No township collector shall be compensated for any duties performed after the effective date of this amendatory Act of the 100th General Assembly or have legal recourse upon the elimination of the township collector office.

(60 ILCS 1/235-20)

Sec. 235-20. General assistance tax.

(a) The township board may raise money by taxation deemed necessary to be expended to provide general assistance in the township to persons needing that assistance as provided in the Illinois Public Aid Code, including persons eligible for assistance under the Military Veterans Assistance Act, where that duty is provided by law. The tax for each fiscal year shall not be more than 0.10% of value, or more than an amount approved at a referendum held under this Section, as equalized or assessed by the Department of Revenue, and shall in no case exceed the amount needed in the township for general assistance. The board may decrease the maximum tax rate by ordinance.

(b) Except as otherwise provided in this subsection, if the board desires to increase the maximum tax rate, it shall order a referendum on that proposition to be held at an election in accordance with the general election law. The board shall certify the proposition to the proper election officials, who shall submit the proposition to the voters at an election in accordance with the general election law. If a majority of the votes cast on the proposition is in favor of the proposition, the board may annually levy the tax at a rate not exceeding the higher rate approved by the voters at the election. If, however, the board has decreased the maximum tax rate under subsection (a), then it may, at any time after the decrease, increase the maximum tax rate, by ordinance, to a rate less than or equal to the maximum tax rate immediately prior to the board's ordinance to decrease the rate.

(c) Except as otherwise provided for in the Township Modernization and Consolidation Act, if If a city, village, or incorporated town having a population of more than 500,000 is located within or partially within a township, then the entire amount of the tax levied by the township for the purpose of providing general assistance under this Section on property lying within that city, village, or incorporated town, less the amount allowed for collecting the tax, shall be paid over by the treasurer of the township to the treasurer of the city, village, or incorporated town to be appropriated and used by the city, village, or incorporated town for the relief and support of persons needing general assistance residing in that portion of the city, village, or incorporated town located within the township in accordance with the Illinois Public Aid Code.

(d) Any taxes levied for general assistance before or after this Section takes effect may also be used for the payment of warrants issued against and in anticipation of those taxes and accrued interest on those warrants and may also be used to pay the cost of administering that assistance.

(e) In any township with a population of less than 500,000 that receives no State funding for the general assistance program and that has not issued anticipation warrants or otherwise borrowed monies for the administration of the general assistance program during the township's previous 3 fiscal years of operation, a one time transfer of monies from the township's general assistance fund may be made to the general township fund pursuant to action by the township board. This transfer may occur only to the extent that the amount of monies remaining in the general assistance fund after the transfer is equal to the greater of (i) the amount of the township's expenditures in the previous fiscal year for general assistance or (ii) an amount equal to either 0.10% of the last known total equalized value of all taxable property in the township, or 100% of the highest amount levied for general assistance purposes in any of the three previous fiscal years. The transfer shall be completed no later than one year after the effective date of this amendatory Act of the 92nd General Assembly. No township that has certified a new levy or an increase in the levy under this Section during calendar year 2002 may transfer monies under this subsection. No action on the transfer of monies under this subsection shall be taken by the township board except at a township board meeting. No monies transferred under this subsection shall be considered in determining whether the township qualifies for State funds to supplement local funds for public aid purposes under Section 12-21.13 of the Illinois Public Aid Code.

(e-5) The township board of Gray Township in White County may approve by resolution or ordinance transfers of monies from the township's general assistance fund to the general township fund no later than one year after the effective date of this amendatory Act of the 99th General Assembly if:

(1) the township receives no State funding for the general assistance program;

(2) the township has not issued anticipation warrants or otherwise borrowed monies for the administration of the general assistance program during the township's previous 3 fiscal years of operation;

(3) the amount of monies remaining in the general assistance fund after the transfer is equal to the greater of (i) the amount of the township's expenditures in the previous fiscal year for general assistance or (ii) an amount equal to either 0.10% of the last known total equalized value of all taxable property in the township, or 100% of the highest amount levied for general assistance purposes in any of the three previous fiscal years; and

(4) the township that has not certified a new levy or an increase in the levy under this Section during calendar year 2015.

No monies transferred under this subsection shall be considered in determining whether the township qualifies for State funds to supplement local funds for public aid purposes under Section 12-21.13 of the Illinois Public Aid Code.

(Source: P.A. 99-248, eff. 1-1-16.)

(60 ILCS 1/78-5 rep.)

Section 130. The Township Code is amended by repealing Section 78-5.