Full Text of SB2289 99th General Assembly
SB2289sam002 99TH GENERAL ASSEMBLY | Sen. Pamela J. Althoff Filed: 4/1/2016
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| 1 | | AMENDMENT TO SENATE BILL 2289
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2289 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Property Tax Code is amended by adding | 5 | | Section 18-51 as follows: | 6 | | (35 ILCS 200/18-51 new) | 7 | | Sec. 18-51. Property tax of consolidated townships. | 8 | | Notwithstanding any other law to the contrary, when townships | 9 | | are consolidated under Sections 20-5, 27-10, or 28-10 of the | 10 | | Township Code then, for the levy year after the townships are | 11 | | consolidated, in lieu of any budget and appropriation ordinance | 12 | | previously adopted by any of the former townships or | 13 | | municipalities, the county clerk shall extend a rate of tax as | 14 | | provided in those Sections of the Township Code. | 15 | | Section 10. The Township Code is amended by changing |
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| 1 | | Sections 10-7, 10-25, 20-7, 27-13, and 28-13 as follows: | 2 | | (60 ILCS 1/10-7 new) | 3 | | Sec. 10-7. Cost and services study. Prior to certifying and | 4 | | causing a proposition to be submitted to the voters under | 5 | | Section 10-5, the county board and township board shall conduct | 6 | | or have conducted a cost and services study detailing the | 7 | | fiscal and services impact the altering of township boundaries | 8 | | would have on the taxpayers of the county and township. Any | 9 | | such cost and services study shall be completed on or before 45 | 10 | | days after adoption of an ordinance or resolution for a | 11 | | referendum has been adopted under Section 10-5. After receipt | 12 | | of the cost and services study by the county board, and no | 13 | | later than 60 days after adoption of an ordinance or resolution | 14 | | for a referendum has been adopted under Section 10-5, the | 15 | | county board shall certify and cause the referendum to be | 16 | | submitted to the voters of the county to alter township | 17 | | boundaries as provided in Section 10-5.
| 18 | | (60 ILCS 1/10-25)
| 19 | | Sec. 10-25. Plan for changes in townships.
| 20 | | (a) The county board of each county may, subject to a | 21 | | referendum in the
townships affected as provided in this | 22 | | Section, adopt a plan for altering the
boundaries of townships, | 23 | | changing township lines, dividing, enlarging, or
consolidating | 24 | | townships, or creating new townships , so that each township |
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| 1 | | shall
possess an equalized assessed valuation of not less than | 2 | | $10,000,000 as of the
1982 assessment year or an area of not | 3 | | more than 126 square miles .
| 4 | | (b) No alteration or change in boundaries shall be | 5 | | effective unless
approved by a referendum in each township | 6 | | affected. The election authority
shall submit to the voters of | 7 | | each township affected, at a regular
election to be held not | 8 | | less than 60 days after the plan is adopted,
the question of | 9 | | approving the alteration or change. The alterations or changes,
| 10 | | if approved by the voters, shall take effect on the date of the | 11 | | next township
election and shall be applicable to that | 12 | | election. If there is doubt as to the
township clerk with whom | 13 | | nomination papers for that election should be filed,
the county | 14 | | board shall designate the clerk. In the alteration of | 15 | | boundaries, a
county board may not disturb urban or coterminous | 16 | | townships in existence on
October 1, 1978.
| 17 | | (Source: P.A. 84-1308; 88-62.)
| 18 | | (60 ILCS 1/20-7 new) | 19 | | Sec. 20-7. Cost and services study. Prior to certifying and | 20 | | causing a proposition to be submitted to the voters under | 21 | | Section 20-5, the township boards of the townships being | 22 | | consolidated may, by resolution, conduct or have conducted a | 23 | | cost and services study detailing the fiscal and township | 24 | | services impact the consolidation of the townships would have | 25 | | on the taxpayers of the county and townships. Any such cost and |
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| 1 | | services study shall be completed on or before 45 days after | 2 | | adoption receipt of a petition under Section 20-5. After | 3 | | receipt of the cost and services study by the county board or a | 4 | | township board, and no later than 60 days after receipt of a | 5 | | petition under Section 20-5, the township boards shall certify | 6 | | and cause the proposition to be submitted to the voters of the | 7 | | townships to consolidate the townships as provided in Section | 8 | | 20-5.
| 9 | | (60 ILCS 1/20-10)
| 10 | | Sec. 20-10. Election results.
| 11 | | (a) The county clerk shall enter an abstract of the returns | 12 | | of the election
held under Section 20-5, made out and certified | 13 | | as in an election for county
officers, and shall record the | 14 | | abstract at length upon the records of the
county.
| 15 | | (b) If a majority of the votes are in favor of | 16 | | consolidating all of the
townships and fractional parts of | 17 | | townships in the city into one organized
township, then at the | 18 | | next regular election for township officers there shall
be | 19 | | elected one set of township officers for the territory in the | 20 | | city.
| 21 | | (c) If a majority of the votes are in favor of | 22 | | consolidating all of the
townships and fractional parts of | 23 | | townships in the city into one organized
township, a Transition | 24 | | Township Board may be formed if required by resolution of the | 25 | | county board. If so resolved by the county board, the |
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| 1 | | Transition Township Board is composed of the members of the | 2 | | separate townships boards being consolidated. The Transition | 3 | | Township Board shall only have the authority to propose a | 4 | | tentative budget and appropriation ordinance for the | 5 | | consolidated township for the first levy year of the | 6 | | consolidated township. The Transition Township Board shall | 7 | | hold a public hearing no later than the last Tuesday in | 8 | | December before the township officers are to be elected under | 9 | | subsection (b). At this public hearing, the Transition Township | 10 | | Board may propose a tentative budget and appropriation | 11 | | ordinance, as provided in Section 80-60, for the first levy | 12 | | year of the consolidated township. Within 7 days after the | 13 | | adoption of a tentative budget and appropriation ordinance | 14 | | under this subsection, the Transition Township Board shall | 15 | | notify the county clerk of the ordinance. If the Transition | 16 | | Township Board board fails to adopt a budget and appropriation | 17 | | ordinance by the last Tuesday in December before the township | 18 | | officers are to be elected under subsection (b), then the | 19 | | property tax of the consolidated townships continue as provided | 20 | | by law. | 21 | | (Source: P.A. 81-1490; 88-62.)
| 22 | | (60 ILCS 1/27-10) | 23 | | Sec. 27-10. Petition and referendum to discontinue and | 24 | | abolish a township organization within a coterminous | 25 | | municipality. Upon adoption of an ordinance by the city council |
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| 1 | | of a township described under Section 27-5 of this Article, or | 2 | | upon petition of at least 10% of the registered voters of that | 3 | | township, the city council shall certify and cause to be | 4 | | submitted to the voters of the township, at the next election | 5 | | or consolidated election, a proposition to discontinue and | 6 | | abolish the township organization and to transfer all the | 7 | | rights, powers, duties, assets, property, liabilities, | 8 | | obligations, and responsibilities of the township organization | 9 | | to the coterminous municipality. | 10 | | A signature on a petition shall not be valid or counted in | 11 | | considering the petition unless the form requirements are | 12 | | complied with and the date of each signature is less than 90 | 13 | | days before the last day for filing the petition. The statement | 14 | | of the person who circulates the petition must include an | 15 | | attestation (i) indicating the dates on which that sheet was | 16 | | circulated, (ii) indicating the first and last date on which | 17 | | that sheet was circulated, or (iii) certifying that none of the | 18 | | signatures on the sheet was signed more than 90 days before the | 19 | | last day for filing the petition. The petition shall be treated | 20 | | and the proposition certified in the manner provided by the | 21 | | general election law. After the proposition has once been | 22 | | submitted to the electorate, the proposition shall not be | 23 | | resubmitted for 4 years. | 24 | | The proposition shall be in substantially the following | 25 | | form: | 26 | | Shall the township organization be continued in [Name |
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| 1 | | of Township] Township? | 2 | | The votes shall be recorded as "Yes" or "No". | 3 | | If a majority of the votes are in favor of abolishing a | 4 | | township organization under this Section, the county board may, | 5 | | by resolution, require the corporate authorities of the | 6 | | conterminous to meet to propose a tentative budget and | 7 | | appropriation ordinance for the discontinued township and | 8 | | coterminous municipality for the first levy year of the | 9 | | consolidated township and coterminous municipality. The | 10 | | corporate authorities shall hold a public hearing no later than | 11 | | the last Tuesday in December next following the effective date | 12 | | of the discontinuance and abolishment of the township | 13 | | organization. At this public hearing, the authorities may | 14 | | propose a tentative budget and appropriation ordinance, as | 15 | | provided in Section 80-60, for the first levy year of the | 16 | | consolidated township. Within 7 days after the adoption of a | 17 | | tentative budget and appropriation ordinance under this | 18 | | subsection, the board shall notify the county clerk of the | 19 | | ordinance. If the Transition Township Board board fails to | 20 | | adopt a budget and appropriation ordinance by the last Tuesday | 21 | | in December next following the effective date of the | 22 | | discontinuance and abolishment of the township organization, | 23 | | then then the property tax of consolidated township and | 24 | | municipality continues as provided by law.
| 25 | | (Source: P.A. 98-127, eff. 8-2-13; 98-756, eff. 7-16-14.) |
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| 1 | | (60 ILCS 1/27-13 new) | 2 | | Sec. 27-13. Cost and services study. Prior to certifying | 3 | | and causing a proposition to be submitted to the voters under | 4 | | Section 27-10, the city council of the coterminous municipality | 5 | | that governs the township shall conduct or have conducted a | 6 | | cost and services study, paid for by the township and | 7 | | municipality, detailing the fiscal and services impact the | 8 | | discontinuance of the township would have on the taxpayers of | 9 | | the township and municipality. Any such cost and services study | 10 | | shall be completed on or before 45 days after adoption of an | 11 | | ordinance, or receipt of a petition, under Section 27-10. After | 12 | | receipt of the cost and services study by the city council, and | 13 | | no later than 60 days after adoption of an ordinance, or | 14 | | receipt of a petition, under Section 27-10, the city council | 15 | | shall certify and cause the proposition to be submitted to the | 16 | | voters of the township to discontinue and abolish the township | 17 | | organization as provided in Section 27-10. | 18 | | (60 ILCS 1/28-10) | 19 | | Sec. 28-10. Ordinance to discontinue and abolish a township | 20 | | organization within a coterminous municipality; cessation of | 21 | | township organization ; property tax levy . | 22 | | (a) The township board of a township described under | 23 | | Section 28-5 of this Article may adopt an ordinance, with a | 24 | | majority of the votes of the township board, providing that, | 25 | | upon the approval of a coterminous, or substantially |
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| 1 | | coterminous, municipality's corporate authorities, (1) that | 2 | | the township organization shall discontinue and be abolished; | 3 | | and (2) that the township shall transfer all the rights, | 4 | | powers, duties, assets, property, liabilities, obligations, | 5 | | and responsibilities of the township organization to the | 6 | | coterminous, or substantially coterminous, municipality. The | 7 | | corporate authorities of the coterminous, or substantially | 8 | | coterminous, municipality shall adopt an ordinance by a | 9 | | majority vote approving such transfer to the municipality. | 10 | | (b) On the later date of either the (i) approval of an | 11 | | ordinance by a municipality under subsection (a) of this | 12 | | Section, or (ii) expiration of the township officers' terms | 13 | | after passing an ordinance under subsection (a) of this | 14 | | Section, the township is discontinued and abolished and all the | 15 | | rights, powers, duties, assets, property, liabilities, | 16 | | obligations, and responsibilities of the township shall by | 17 | | operation of law vest in and be assumed by the municipality, | 18 | | including the authority to levy property taxes for township | 19 | | purposes in the same manner as the dissolved township.
| 20 | | (c) If a majority of the votes are in favor of abolishing a | 21 | | township organization under this Section, the county board may, | 22 | | by resolution, require the corporate authorities of the | 23 | | conterminous to meet to propose a tentative budget and | 24 | | appropriation ordinance for the discontinued township and | 25 | | coterminous municipality for the first levy year of the | 26 | | consolidated township and coterminous municipality. The |
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| 1 | | corporate authorities shall hold a public hearing no later than | 2 | | the last Tuesday in December next following the effective date | 3 | | of the discontinuance and abolishment of the township | 4 | | organization. At this public hearing, the authorities may | 5 | | propose a tentative budget and appropriation ordinance, as | 6 | | provided in Section 80-60, for the first levy year of the | 7 | | consolidated township. Within 7 days after the adoption of a | 8 | | tentative budget and appropriation ordinance under this | 9 | | subsection, the board shall notify the county clerk of the | 10 | | ordinance. If the Transition Township Board board fails to | 11 | | adopt a budget and appropriation ordinance by the last Tuesday | 12 | | in December next following the effective date of the | 13 | | discontinuance and abolishment of the township organization, | 14 | | then then the property tax of consolidated township and | 15 | | municipality continues as provided by law. | 16 | | (Source: P.A. 99-474, eff. 8-27-15.) | 17 | | (60 ILCS 1/28-13 new) | 18 | | Sec. 28-13. Cost and services study. Prior to or after the | 19 | | adoption of an ordinance under Section 28-10, the township | 20 | | board and the corporate authorities of the coterminous | 21 | | municipality shall conduct or have conducted a cost and | 22 | | services study detailing the fiscal and township services | 23 | | impact the discontinuance of the township organization would | 24 | | have on the taxpayers of the township. Any such cost and | 25 | | services study shall be completed no later than 45 days after |
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| 1 | | adoption of an ordinance under Section 28-10. After receipt of | 2 | | the cost and services study by the township board, and after | 3 | | adoption of an ordinance under Section 28-10, the township | 4 | | organization may cease as provided under this Article. ".
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