HB0684ham001 100TH GENERAL ASSEMBLY

Rep. Sam Yingling

Filed: 5/30/2017

10000HB0684ham001 LRB100 08456 AMC 27312 a

AMENDMENT TO HOUSE BILL 684

AMENDMENT NO. ______. Amend House Bill 684 by replacing everything after the enacting clause with the following:

"Section 5. The Property Tax Code is amended by changing Section 3-70 as follows:

(35 ILCS 200/3-70)

Sec. 3-70. Cessation of Township Assessor. 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. If the office of Township Assessor in a coterminous township ceases as provided in Article 26 of the Township Code, then the county clerk shall assume the duties of the Township Assessor under this Code as provided in Section 90-10 of the Township Code.

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

Section 10. The Township Code is amended by adding Articles 26 and 29 as follows:

(60 ILCS 1/Art. 26 heading new)

ARTICLE 26. DISCONTINUANCE OF A COTERMINOUS

TOWNSHIP WITHOUT A ROAD DISTRICT

(60 ILCS 1/26-5 new)

Sec. 26-5. Applicability. This Article shall apply only to a township that: (1) is within a coterminous, or substantially coterminous, municipality in which county officers serve as the officers of the township under Section 90-10, but where the members of the township board of trustees are elected by the electors of the township under Section 90-5; and (2) does not have a corresponding township road district.

(60 ILCS 1/26-10 new)

Sec. 26-10. Petition and referendum. Upon adoption of resolutions by the township board of trustees of a township described under Section 26-5 of this Article and the county board of the county in which the township is located, or upon petition of at least 10% of the registered voters of that township, the township board of trustees 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 county in which the township is located.

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".

The referendum is approved when a majority of the voters in the township approve the referendum.

If the referendum is approved there shall be no further nominations or elections for trustees of the township, and the terms of all such trustees currently serving shall continue until the third Monday of May of the year of the consolidated election in which township officials are elected next following the approval of a referendum under this Section.

(60 ILCS 1/26-15 new)

Sec. 26-15. Cessation of township. On the third Monday in May in the year of the consolidated election in which township officials are elected next following the approval of a referendum under Section 26-10:

(1) the township is discontinued and abolished and all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of the township shall vest in and be assumed by the county, including the authority to levy property taxes for township purposes in the same manner as the dissolved township without an additional ordinance, resolution, or referendum;

(2) all township officers shall cease to hold office and the county clerk and county treasurer shall serve as township officers in the manner provided in Section 90-10; and

(3) the county shall exercise all duties and responsibilities of the township officers as provided in the Township Code, the Illinois Public Aid Code, the Property Tax Code, and the Illinois Highway Code, as applicable.

(60 ILCS 1/26-20 new)

Sec. 26-20. Business, records, and property of discontinued township organization. The records of a township organization discontinued under this Article shall be deposited in the county clerk's office. The county 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 township.

(60 ILCS 1/Art. 29 heading new)

ARTICLE 29. DISCONTINUANCE OF A TOWNSHIP

(60 ILCS 1/29-5 new)

Sec. 29-5. Applicability. This Article does not apply to a township described in Section 26-5 of this Code.

(60 ILCS 1/29-10 new)

Sec. 29-10. Resolutions to discontinue and abolish a township. The township board and the county board of the county in which the township is located may by resolutions of both boards and after referendum of the voters of the township:

(1) discontinue and abolish the township;

(2) transfer all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of the township to the county; and

(3) cease and dissolve all township road districts within the district's jurisdiction and authority transferred to the county upon the dissolution of the township.

(60 ILCS 1/29-15 new)

Sec. 29-15. Notice.

(a) Before passing resolutions under Section 29-10, the township board and the county board shall hold public hearings on those matters after notice of the hearing has been published in a newspaper having general circulation in the township and county. The notice shall be published at least 30 days before the date of the hearing.

(b) Before a referendum is placed on the ballot under Section 29-20, each township board shall publish a copy of the resolution adopted under Section 29-10 in a newspaper of general circulation in the township and county affected. The notice shall be published at least 30 days before the date of the general election in which the referendum will appear. Each township board shall additionally mail a copy of the adopted resolution, along with a copy of the referendum language, the date the referendum will appear, and a list of all taxes levied in the affected townships, to every registered voter in the township affected. The notice shall be mailed at least 30 days before the date of the election in which the referendum will appear.

(60 ILCS 1/29-20 new)

Sec. 29-20. Referendum for dissolution of township. Upon the adoption of resolutions under Section 29-10 by both the township and county, the township board shall certify the question to the election authority and the authority shall cause to be submitted to the voters of the township at the next election a referendum to discontinue the township and to transfer all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of the township to the county. The referendum shall be substantially in the following form:

"Shall the township of (name of township) cease?"

The votes shall be recorded as "Yes" or "No".

The referendum is approved when a majority of the voters in the township approve the referendum. If the referendum is approved there shall be no further nominations or elections for clerks, assessors, collectors, highway commissioners, supervisors, or trustees of the township or highway commission, and the terms of all such officers currently serving shall continue until the third Monday of May of the year of the consolidated election in which township officials are elected next following the approval of a referendum under this Section.

(60 ILCS 1/29-25 new)

Sec. 29-25. Cessation of township. On the third Monday in May in the year of the consolidated election in which township officials are elected next following the approval of a referendum under Section 29-20:

(1) the township is discontinued and abolished and all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of the township shall vest in and be assumed by the county, including the authority to levy property taxes for township purposes in the same manner as the dissolved township without an additional ordinance, resolution, or referendum;

(2) all township officers shall cease to hold office;

(3) the county shall exercise all duties and responsibilities of the township officers as provided in the Township Code, the Illinois Public Aid Code, the Property Tax Code, and the Illinois Highway Code, as applicable. The county may enter into an intergovernmental agreement with the State to administer the duties and responsibilities of the township officers for services under its jurisdiction; and

(4) any road district located within the township is abolished and its jurisdiction, rights, powers, duties, assets, property, liabilities, obligations, and responsibilities shall vest in and be assumed by the county board and the highway commissioner of the abolished road district shall cease to hold office. The county board of the county shall: exercise the taxing authority of a road district abolished under this Section; exercise all duties and responsibilities of the highway commissioner as provided in the Illinois Highway Code; and for purposes of distribution of revenue, assume the powers, duties, and obligations of the road district in the discontinued township. The county board of the county may enter into an intergovernmental agreement or a contract with another county or a private contractor to administer the roads which were under the jurisdiction of the abolished road district.

(60 ILCS 1/29-30 new)

Sec. 29-30. Business, records, and property of discontinued township. The records of a township discontinued under this Article shall be deposited in the county clerk's office. The county 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 county.

(60 ILCS 1/29-35 new)

Sec. 29-35. Taxation. Notwithstanding any provision of law to the contrary, no tax rate may be extended for any fund of the township for the first levy year following referendum approval that exceeds any statutory maximum set forth for that fund, unless the referendum also conforms to the requirements of the Property Tax Extension Limitation Law or other statutory provision setting forth that limitation.

(60 ILCS 1/29-40 new)

Sec. 29-40. Rights and obligations of employees.

(a) The status and rights of employees represented by an exclusive bargaining representative shall not be affected by the dissolution of a township under this Article, except that this subsection does not apply for actions taken before the effective date of this amendatory Act of the 100th General Assembly.

(b) Obligations of the dissolving township assumed by the county or governing body of a special service area include the obligation to honor representation rights under the Illinois Public Labor Relations Act and any collective bargaining agreements existing on the date of dissolution of the township.

(c) The rights of employees under any pensions, retirement plans, or annuity plans existing on the date of dissolution of the township are not affected by the dissolution of a township under this Article.

(60 ILCS 1/29-45 new)

Sec. 29-45. Township debt and obligations. 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.

(60 ILCS 1/29-50 new)

Sec. 29-50. Contracts.

(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 enact any new tax levies.

(d) 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

Section 15. The Public Health District Act is amended by changing Section 25 as follows:

(70 ILCS 905/25)

Sec. 25. Discontinuance of a coterminous township. If the office of Township Assessor in a coterminous township is discontinued as provided in Articles 27 and 28 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. If a coterminous township is discontinued as provided in Article 26 of the Township Code, then the county's board members shall be the board of health for the public health district under this Act.

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

Section 20. The Public Aid Code is amended by changing Section 12-3.1 as follows:

(305 ILCS 5/12-3.1)

Sec. 12-3.1. Discontinuance of a coterminous township. Upon discontinuance of a coterminous township under Articles 27 and 28 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. Upon discontinuance of a coterminous township under Article 26 of the Township Code, the county shall provide funds for and administer the public aid program provided for under Article VI of this Code.

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