HB1981sam003 97TH GENERAL ASSEMBLY

Sen. John J. Cullerton

Filed: 5/9/2012

09700HB1981sam003 LRB097 09066 KMW 69389 a

AMENDMENT TO HOUSE BILL 1981

AMENDMENT NO. ______. Amend House Bill 1981 by replacing everything after the enacting clause with the following:

"Section 5. The Property Tax Code is amended by adding Sections 3-70 and 19-85 as follows:

(35 ILCS 200/3-70 new)

Sec. 3-70. Cessation of Township Assessor. If the office of Township Assessor in a coterminous township ceases as provided in Section 25-30 of the Township Code, then the coterminous municipality shall assume the duties of the Township Assessor under this Code.

(35 ILCS 200/19-85 new)

Sec. 19-85. Cessation of Township Collector. If the office of Township Collector in a coterminous township ceases as provided in Section 25-30 of the Township Code, then the coterminous municipality shall assume the duties of Township Collector under this Code.

Section 10. The Township Code is amended by changing Section 50-20 and by adding Section 25-30 as follows:

(60 ILCS 1/25-30 new)

Sec. 25-30. Discontinuance of a coterminous township.

(a) Notwithstanding any provision of Section 25-10 to the contrary, the board of trustees of a coterminous township may, by ordinance, submit a proposition to discontinue township organization to the electors of the township at a general election or consolidated election in accordance with general election law. The proposition must be approved by the corporate authorities of the coterminous municipality prior to placement on a ballot.

The proposition shall be in substantially the following form:

Shall the township organization be continued in (name of township)?

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

If it appears by the returns of the election that a three-fifths majority of the votes of the township cast on the question of the continuance of township organization at the election are against the proposed option for continuance, then township organization shall cease in the township on January 1 of the calendar year immediately following the calendar year that the proposition was approved by the electors. Upon discontinuance of township organization, all powers, duties, assets, property, liabilities, obligations, and responsibilities of the township shall be assumed by the coterminous municipality.

(b) If it appears by the returns of the election that a three-fifths majority of the votes of the township cast on the question of the continuance of township organization are against continuance, then all elected township offices shall cease in the township at the next January 1 after the proposition was approved. If township organization ceases, then the coterminous municipality shall assume the duties of all elected township offices.

(c) The coterminous municipality shall not assume taxing authority of the township abolished under this Section. In the event that a coterminous township is discontinued under this Section, all township revenues as of the next January 1 after the proposition was approved shall be transferred to the coterminous municipality.

(d) Upon discontinuance of township organization, the records of the township shall be deposited in the city or village clerk's office, as applicable. The coterminous municipality may close up all unfinished business of the township and sell and dispose of any of the property belonging to the township, as fully as might have been done by the township itself, for benefit of the inhabitants of the municipality.

(e) Nothing in this Section shall prevent the coterminous municipality from entering into an intergovernmental agreement or contract to provide for general assistance or property assessment duties for services under its jurisdiction.

(60 ILCS 1/50-20)

Sec. 50-20. Counties with no township collector. No collector in counties under 100,000.

(a) No collector in counties under 100,000. In counties under township organization, having a population of less than 100,000, there shall be no township collector elected. The county collector shall be ex-officio township collector, and all the duties of the township collector shall devolve upon and be performed by the county collector.

(b) No collector in counties over 2,000,000. In counties having a population of more than 2,000,000 inhabitants there shall be no township collector elected on and after the effective date of this amendatory Act of the 97th General Assembly. Upon the completion of the terms of office of township collectors holding office on the effective date of this amendatory Act of the 97th General Assembly, the township assessor shall be the ex-officio township collector, and all the duties of the township collector shall devolve upon and be performed by the township assessor.

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

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

(70 ILCS 905/25 new)

Sec. 25. Cessation of Township Assessor. If the office of Township Assessor in a coterminous township ceases as provided in Section 25-30 of the Township Code, then the city council or village board members of the coterminous municipality shall be the board of health for the public health district under this Act.

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

(305 ILCS 5/12-3.1 new)

Sec. 12-3.1. Discontinuance of a coterminous township. Upon discontinuance of a coterminous township as provided in Section 25-30 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.

Section 25. The Illinois Highway Code is amended by adding Section 5-210 as follows:

(605 ILCS 5/5-210 new)

Sec. 5-210. Cessation of Township Highway Commissioner. If the office of Highway Commissioner ceases in a coterminous township as provided in Section 25-30 of the Township Code, then the coterminous municipality shall assume the duties of Highway Commissioner under this Code.

Section 99. Effective date. This Act takes effect upon becoming law.".