Full Text of HB0684 100th General Assembly
HB0684ham001 100TH GENERAL ASSEMBLY | Rep. Sam Yingling Filed: 5/30/2017
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| 1 | | AMENDMENT TO HOUSE BILL 684
| 2 | | AMENDMENT NO. ______. Amend House Bill 684 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Property Tax Code is amended by changing | 5 | | Section 3-70 as follows: | 6 | | (35 ILCS 200/3-70) | 7 | | Sec. 3-70. Cessation of Township Assessor. If the office of | 8 | | Township Assessor in a coterminous township ceases as provided | 9 | | in Articles 27 and 28 of the Township Code, then the | 10 | | coterminous municipality shall assume the duties of the | 11 | | Township Assessor under this Code. If the office of Township | 12 | | Assessor in a coterminous township ceases as provided in | 13 | | Article 26 of the Township Code, then the county clerk shall | 14 | | assume the duties of the Township Assessor under this Code as | 15 | | provided in Section 90-10 of the Township Code.
| 16 | | (Source: P.A. 98-127, eff. 8-2-13; 99-474, eff. 8-27-15.) |
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| 1 | | Section 10. The Township Code is amended by adding Articles | 2 | | 26 and 29 as follows: | 3 | | (60 ILCS 1/Art. 26 heading new) | 4 | | ARTICLE 26. DISCONTINUANCE OF A COTERMINOUS | 5 | | TOWNSHIP WITHOUT A ROAD DISTRICT | 6 | | (60 ILCS 1/26-5 new) | 7 | | Sec. 26-5. Applicability. This Article shall apply only to | 8 | | a township that: (1) is within a coterminous, or substantially | 9 | | coterminous, municipality in which county officers serve as the | 10 | | officers of the township under Section 90-10, but where the | 11 | | members of the township board of trustees are elected by the | 12 | | electors of the township under Section 90-5; and (2) does not | 13 | | have a corresponding township road district. | 14 | | (60 ILCS 1/26-10 new) | 15 | | Sec. 26-10. Petition and referendum. Upon adoption of | 16 | | resolutions by the township board of trustees of a township | 17 | | described under Section 26-5 of this Article and the county | 18 | | board of the county in which the township is located, or upon | 19 | | petition of at least 10% of the registered voters of that | 20 | | township, the township board of trustees shall certify and | 21 | | cause to be submitted to the voters of the township, at the | 22 | | next election or consolidated election, a proposition to |
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| 1 | | discontinue and abolish the township organization and to | 2 | | transfer all the rights, powers, duties, assets, property, | 3 | | liabilities, obligations, and responsibilities of the township | 4 | | organization to the county in which the township is located. | 5 | | A signature on a petition shall not be valid or counted in | 6 | | considering the petition unless the form requirements are | 7 | | complied with and the date of each signature is less than 90 | 8 | | days before the last day for filing the petition. The statement | 9 | | of the person who circulates the petition must include an | 10 | | attestation (i) indicating the dates on which that sheet was | 11 | | circulated, (ii) indicating the first and last date on which | 12 | | that sheet was circulated, or (iii) certifying that none of the | 13 | | signatures on the sheet was signed more than 90 days before the | 14 | | last day for filing the petition. The petition shall be treated | 15 | | and the proposition certified in the manner provided by the | 16 | | general election law. After the proposition has once been | 17 | | submitted to the electorate, the proposition shall not be | 18 | | resubmitted for 4 years. | 19 | | The proposition shall be in substantially the following | 20 | | form: | 21 | | "Shall the township organization be continued in [Name
of | 22 | | Township] Township?" | 23 | | The votes shall be recorded as "Yes" or "No". | 24 | | The referendum is approved when a majority of the voters in | 25 | | the township approve the referendum. | 26 | | If the referendum is approved there shall be no further |
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| 1 | | nominations or elections for trustees of the township, and the | 2 | | terms of all such trustees currently serving shall continue | 3 | | until the third Monday of May of the year of the consolidated | 4 | | election in which township officials are elected next following | 5 | | the approval of a referendum under this Section. | 6 | | (60 ILCS 1/26-15 new) | 7 | | Sec. 26-15. Cessation of township. On the third Monday in | 8 | | May in the year of the consolidated election in which township | 9 | | officials are elected next following the approval of a | 10 | | referendum under Section 26-10: | 11 | | (1) the township is discontinued and abolished and all | 12 | | the rights, powers, duties, assets, property, liabilities, | 13 | | obligations, and responsibilities of the township shall | 14 | | vest in and be assumed by the county, including the | 15 | | authority to levy property taxes for township purposes in | 16 | | the same manner as the dissolved township without an | 17 | | additional ordinance, resolution, or referendum; | 18 | | (2) all township officers shall cease to hold office | 19 | | and the county clerk and county treasurer shall serve as | 20 | | township officers in the manner provided in Section 90-10; | 21 | | and | 22 | | (3) the county shall exercise all duties and | 23 | | responsibilities of the township officers as provided in | 24 | | the Township Code, the Illinois Public Aid Code, the | 25 | | Property Tax Code, and the Illinois Highway Code, as |
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| 1 | | applicable. | 2 | | (60 ILCS 1/26-20 new) | 3 | | Sec. 26-20. Business, records, and property of | 4 | | discontinued township organization. The records of a township | 5 | | organization discontinued under this Article shall be | 6 | | deposited in the county clerk's office. The county may close up | 7 | | all unfinished business of the township and sell and dispose of | 8 | | any of the property belonging to the township for benefit of | 9 | | the inhabitants of the township. | 10 | | (60 ILCS 1/Art. 29 heading new) | 11 | | ARTICLE 29. DISCONTINUANCE OF A TOWNSHIP | 12 | | (60 ILCS 1/29-5 new) | 13 | | Sec. 29-5. Applicability. This Article does not apply to a | 14 | | township described in Section 26-5 of this Code. | 15 | | (60 ILCS 1/29-10 new) | 16 | | Sec. 29-10. Resolutions to discontinue and abolish a | 17 | | township. The township board and the county board of the county | 18 | | in which the township is located may by resolutions of both | 19 | | boards and after referendum of the voters of the township: | 20 | | (1) discontinue and abolish the township; | 21 | | (2) transfer all the rights, powers, duties, assets, | 22 | | property, liabilities, obligations, and responsibilities |
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| 1 | | of the township to the county; and | 2 | | (3) cease and dissolve all township road districts | 3 | | within the district's jurisdiction and authority | 4 | | transferred to the county upon the dissolution of the | 5 | | township. | 6 | | (60 ILCS 1/29-15 new) | 7 | | Sec. 29-15. Notice. | 8 | | (a) Before passing resolutions under Section 29-10, the | 9 | | township board and the county board shall hold public hearings | 10 | | on those matters after notice of the hearing has been published | 11 | | in a newspaper having general circulation in the township and | 12 | | county. The notice shall be published at least 30 days before | 13 | | the date of the hearing. | 14 | | (b) Before a referendum is placed on the ballot under | 15 | | Section 29-20, each township board shall publish a copy of the | 16 | | resolution adopted under Section 29-10 in a newspaper of | 17 | | general
circulation in the township and county affected. The | 18 | | notice shall be published at least 30 days before the date of | 19 | | the general election in which the referendum will appear. Each | 20 | | township board shall additionally mail a copy of the adopted | 21 | | resolution, along with a copy of the referendum language, the | 22 | | date the referendum will appear, and a list of all taxes levied | 23 | | in the affected townships, to every registered voter in the | 24 | | township affected. The notice shall be mailed at least 30 days | 25 | | before the date of the election in which the referendum will |
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| 1 | | appear. | 2 | | (60 ILCS 1/29-20 new) | 3 | | Sec. 29-20. Referendum for dissolution of township. Upon | 4 | | the adoption of resolutions under Section 29-10 by both the | 5 | | township and county, the township board shall certify the | 6 | | question to the election authority and the authority shall | 7 | | cause to be submitted to the voters of the township at the next | 8 | | election a referendum to discontinue the township and to | 9 | | transfer all the rights, powers, duties, assets, property, | 10 | | liabilities, obligations, and responsibilities of the township | 11 | | to the county. The referendum shall be substantially in the | 12 | | following form: | 13 | | "Shall the township of (name of township)
cease?" | 14 | | The votes shall be recorded as "Yes" or "No". | 15 | | The referendum is approved when a majority of the voters in | 16 | | the township approve the referendum. If the referendum is | 17 | | approved there shall be no further nominations or elections for | 18 | | clerks, assessors, collectors, highway commissioners, | 19 | | supervisors, or trustees of the
township or highway commission, | 20 | | and the terms of all such officers currently serving shall | 21 | | continue until the third Monday of May of the year of the | 22 | | consolidated election in which
township officials are elected | 23 | | next following the approval of a referendum under this Section. | 24 | | (60 ILCS 1/29-25 new) |
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| 1 | | Sec. 29-25. Cessation of township. On the third Monday in | 2 | | May in the year of the consolidated election in which township | 3 | | officials are elected next following the approval of a
| 4 | | referendum under Section 29-20: | 5 | | (1) the township is discontinued and abolished and all | 6 | | the rights, powers, duties, assets, property, liabilities, | 7 | | obligations, and responsibilities of the township shall | 8 | | vest in and be assumed by the county, including the | 9 | | authority to levy property taxes for township purposes in | 10 | | the same manner as the dissolved township without an | 11 | | additional ordinance, resolution, or referendum; | 12 | | (2) all township officers shall cease to hold office; | 13 | | (3) the county shall exercise all duties and | 14 | | responsibilities of the township officers as provided in | 15 | | the Township Code, the Illinois Public Aid Code, the | 16 | | Property Tax Code, and the Illinois Highway Code, as | 17 | | applicable. The county may enter into an intergovernmental | 18 | | agreement with the State to administer the duties and | 19 | | responsibilities of the township officers for services | 20 | | under its jurisdiction; and | 21 | | (4) any road district located within the township is | 22 | | abolished and its jurisdiction, rights, powers, duties, | 23 | | assets, property, liabilities, obligations, and | 24 | | responsibilities shall vest in and be assumed by the county | 25 | | board and the highway commissioner of the abolished road | 26 | | district shall cease to hold office. The county board of |
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| 1 | | the county shall: exercise the taxing authority of a road | 2 | | district abolished under this Section; exercise all duties | 3 | | and responsibilities of the highway commissioner as | 4 | | provided in the Illinois Highway Code; and for purposes of | 5 | | distribution of revenue, assume the powers, duties, and | 6 | | obligations of the road district in the discontinued | 7 | | township. The county board of the county may enter into an | 8 | | intergovernmental agreement or a contract with another | 9 | | county or a private contractor to administer the roads | 10 | | which were under the jurisdiction of the abolished road | 11 | | district. | 12 | | (60 ILCS 1/29-30 new) | 13 | | Sec. 29-30. Business, records, and property of | 14 | | discontinued township. The records of a township discontinued | 15 | | under this Article shall be deposited in the county clerk's | 16 | | office. The county may close up all unfinished business of the | 17 | | township and sell and dispose of any of the property belonging | 18 | | to the township for benefit of the inhabitants of the county. | 19 | | (60 ILCS 1/29-35 new) | 20 | | Sec. 29-35. Taxation. Notwithstanding any provision of law | 21 | | to the contrary, no tax rate may be extended for any fund of | 22 | | the township for the first levy year following referendum | 23 | | approval that exceeds any statutory maximum set forth for that | 24 | | fund, unless the referendum also conforms to the requirements |
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| 1 | | of the Property Tax Extension Limitation Law or other statutory | 2 | | provision setting forth that limitation. | 3 | | (60 ILCS 1/29-40 new) | 4 | | Sec. 29-40. Rights and obligations of employees. | 5 | | (a) The status and rights of employees represented by an | 6 | | exclusive bargaining representative shall not be affected by | 7 | | the dissolution of a township under this Article, except that | 8 | | this subsection does not apply for actions taken before the | 9 | | effective date of this amendatory Act of the 100th General | 10 | | Assembly. | 11 | | (b) Obligations of the dissolving township assumed by the | 12 | | county or governing body of a special service area include the | 13 | | obligation to honor representation rights under the Illinois | 14 | | Public Labor Relations Act and any collective bargaining | 15 | | agreements existing on the date of dissolution of the township. | 16 | | (c) The rights of employees under any pensions, retirement | 17 | | plans, or annuity plans existing on the date of dissolution of | 18 | | the township are not affected by the dissolution of a township | 19 | | under this Article. | 20 | | (60 ILCS 1/29-45 new) | 21 | | Sec. 29-45. Township debt and obligations. If on the date | 22 | | of dissolution a township has outstanding bonds or any other | 23 | | financial indebtedness, the following shall apply: | 24 | | (1) The receiving county's board may, on and after the |
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| 1 | | date of dissolution, liquidate or transfer for fair market | 2 | | value the real and personal property, and other assets, of | 3 | | the former township in an amount no greater than the | 4 | | indebtedness. | 5 | | (2) The county board may levy taxes, in an amount no | 6 | | greater than the indebtedness, as if the township remained | 7 | | in existence to pay any indebtedness. For purposes of | 8 | | levying taxes under this paragraph (2), the county clerk | 9 | | has the authority of the township clerk; the county | 10 | | assessor or county supervisor of assessments has the | 11 | | authority of the township assessor; the county board | 12 | | chairperson has the authority of the township supervisor; | 13 | | and the county board has the authority of the township | 14 | | board and the highway commissioner. | 15 | | (60 ILCS 1/29-50 new) | 16 | | Sec. 29-50. Contracts. | 17 | | (a) A dissolving township, or any township official, | 18 | | division, or commission, may not enter into, renew, or extend | 19 | | any contracts that would extend beyond the date of dissolution | 20 | | of the township. | 21 | | (b) A dissolving township, or any township official, | 22 | | division, or commission, may not enter into, renew, or extend | 23 | | any contracts, bonds, or other expenditures that would increase | 24 | | the indebtedness of the township to an amount greater than the | 25 | | amount of indebtedness on the date the referendum passed. |
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| 1 | | (c) A dissolving township shall not enact any new tax | 2 | | levies. | 3 | | (d) Notwithstanding subsections (a), (b), and (c), the | 4 | | township board may approve contracts and expenses for emergency | 5 | | purposes to protect the life, health, safety of its residents | 6 | | Section 15. The Public Health District Act is amended by | 7 | | changing Section 25 as follows: | 8 | | (70 ILCS 905/25) | 9 | | Sec. 25. Discontinuance of a coterminous township. If the | 10 | | office of Township Assessor in a coterminous township is | 11 | | discontinued as provided in Articles 27 and 28 of the Township | 12 | | Code, then the coterminous municipality's Council members | 13 | | shall be the board of health for the public health district | 14 | | under this Act. If a coterminous township is discontinued as | 15 | | provided in Article 26 of the Township Code, then the county's | 16 | | board members shall be the board of health for the public | 17 | | health district under this Act.
| 18 | | (Source: P.A. 98-127, eff. 8-2-13; 99-474, eff. 8-27-15.) | 19 | | Section 20. The Public Aid Code is amended by changing | 20 | | Section 12-3.1 as follows: | 21 | | (305 ILCS 5/12-3.1) | 22 | | Sec. 12-3.1. Discontinuance of a coterminous township. |
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| 1 | | Upon discontinuance of a coterminous township under Articles 27 | 2 | | and 28 of the Township Code, the coterminous municipality shall | 3 | | provide funds for and administer the public aid program | 4 | | provided for under Article VI of this Code. Upon discontinuance | 5 | | of a coterminous township under Article 26 of the Township | 6 | | Code, the county shall provide funds for and administer the | 7 | | public aid program provided for under Article VI of this Code.
| 8 | | (Source: P.A. 98-127, eff. 8-2-13; 99-474, eff. 8-27-15.)".
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