SB2061 100TH GENERAL ASSEMBLY

LRB100 08081 AWJ 18167 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2061

Introduced 2/10/2017, by Sen. Jim Oberweis

SYNOPSIS AS INTRODUCED:

35 ILCS 200/18-51 new
55 ILCS 5/Div. 2-4 heading
55 ILCS 5/2-4006
60 ILCS 1/10-25
60 ILCS 1/20-5
60 ILCS 1/25-15
60 ILCS 1/25-25
60 ILCS 1/Art. 27 heading
60 ILCS 1/27-5
60 ILCS 1/27-10
60 ILCS 1/28-10

Amends the Township Code. Removes a restriction limiting townships to 126 square miles. Provides that an ordinance or petition to consolidate a township may contain a provision requiring a new tax rate for the consolidated area equal to the lowest property tax rate in the consolidated area preceding the consolidation. Provides that all townships within a coterminous, or substantially coterminous, municipality may be consolidated. Further provides that a county board may elect to restructure into a commission form of government after discontinuance of township organization (currently, a county is required to reorganize into a commission form of government). Amends the Property Tax Code and the 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 5. The Property Tax Code is amended by adding Section 18-51 as follows:

(35 ILCS 200/18-51 new)

Sec. 18-51. Property tax of consolidated townships. Notwithstanding any other law to the contrary, when townships are consolidated under Sections 20-5, 27-10, or 28-10 of the Township Code and the petition or ordinance contains a requirement that a new property tax levy shall be levied on the new consolidated township or municipality, the county clerk shall calculate a new township or municipal property tax levy for the levy year in the year which the consolidation takes place equal to the levy of the township or municipality with the lowest levy. The new property tax levy shall contain all funds of the former tax levies and the county clerk shall proportionally reduce each fund unless otherwise required by the petition or ordinance.

Section 10. The Counties Code is amended by changing the heading of Article Div. 2-4 and Section 2-4006 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.)

Section 15. The Township Code is amended by changing Sections 10-25, 20-5, 25-15, 25-25, 27-5, 27-10, and 28-10 and the heading of Article 27 as follows:

(60 ILCS 1/10-25)

Sec. 10-25. Plan for changes in townships.

(a) The county board of each county may, subject to a referendum in the townships affected as provided in this Section, adopt a plan for altering the boundaries of townships, changing township lines, dividing, enlarging, or consolidating townships, or creating new townships, so that each township shall possess an equalized assessed valuation of not less than $10,000,000 as of the 1982 assessment year or an area of not more than 126 square miles.

(b) No alteration or change in boundaries shall be effective unless approved by a referendum in each township affected. The election authority shall submit to the voters of each township affected, at a regular election to be held not less than 60 days after the plan is adopted, the question of approving the alteration or change. The alterations or changes, if approved by the voters, shall take effect on the date of the next township election and shall be applicable to that election. If there is doubt as to the township clerk with whom nomination papers for that election should be filed, the county board shall designate the clerk. In the alteration of boundaries, a county board may not disturb urban or coterminous townships in existence on October 1, 1978.

(Source: P.A. 84-1308; 88-62.)

(60 ILCS 1/20-5)

Sec. 20-5. Consolidation of townships within city; petition and referendum. When the territory of any city in a county under township organization is composed of 5 or more congressional townships or fractional parts of congressional townships and the legal voters of the city want to organize the territory into one township, upon a petition of at least one-tenth of the legal voters of the city (to be ascertained by the votes cast at the last preceding presidential election), the county board of the county shall order submitted to the voters of the city, in accordance with the general election law, at the next general election, the question of consolidation of the territory included in the city into one township. The board shall certify the proposition to the proper election officials, who shall submit the proposition at the general election in accordance with the general election law. The proposition shall be in substantially the following form:

Shall (names or descriptions of congressional townships or parts of congressional townships) contained within (name of city) be consolidated into one township?

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

The petition to consolidate townships within a city may contain a requirement that a new township property tax levy to be levied on the new consolidated township equal to the lowest township property tax levy under Section 18-51 of the Property Tax Code.

(Source: P.A. 81-1489; 88-62.)

(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, the county board may, by a 2/3 vote, restructure into a commission form of government on or before 60 days after a township organization ceases. If the county board votes 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 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 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:

ALL TOWNSHIPS

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 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 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".

An ordinance or petition to discontinue and abolish a township may contain a requirement that a new property tax levy be levied on the new consolidated township and municipality equal to the lowest property tax levy of the township or municipality under Section 18-51 of the Property Tax Code.

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

(60 ILCS 1/28-10)

Sec. 28-10. Ordinance to discontinue and abolish a township organization within a coterminous municipality; cessation of township organization.

(a) The township board of a township described under Section 28-5 of this Article may adopt an ordinance, with a majority of the votes of the township board, providing that, upon the approval of a coterminous, or substantially coterminous, municipality's corporate authorities, (1) that the township organization shall discontinue and be abolished; and (2) that the township shall transfer all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of the township organization to the coterminous, or substantially coterminous, municipality. The corporate authorities of the coterminous, or substantially coterminous, municipality shall adopt an ordinance by a majority vote approving such transfer to the municipality.

(b) On the later date of either the (i) approval of an ordinance by a municipality under subsection (a) of this Section, or (ii) expiration of the township officers' terms after passing an ordinance under subsection (a) of this Section, the township is discontinued and abolished and 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 municipality, including the authority to levy property taxes for township purposes in the same manner as the dissolved township.

(c) An ordinance adopted under subsection (a) of this Section may contain a requirement that a new property tax levy be levied on the new consolidated township and municipality equal to the lowest property tax levy of the township or municipality under Section 18-51 of the Property Tax Code.

(Source: P.A. 99-474, eff. 8-27-15.)