Bill Amendment: IL HB0684 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: PUBLIC OFFICE-PROHIBITED ACTS
Status: 2019-01-08 - Session Sine Die [HB0684 Detail]
Download: Illinois-2017-HB0684-House_Amendment_001.html
Bill Title: PUBLIC OFFICE-PROHIBITED ACTS
Status: 2019-01-08 - Session Sine Die [HB0684 Detail]
Download: Illinois-2017-HB0684-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 684
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2 | AMENDMENT NO. ______. Amend House Bill 684 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Property Tax Code is amended by changing | ||||||
5 | Section 3-70 as follows:
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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.
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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:
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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
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6 | Section 15. The Public Health District Act is amended by | ||||||
7 | changing Section 25 as follows:
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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.
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18 | (Source: P.A. 98-127, eff. 8-2-13; 99-474, eff. 8-27-15.)
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19 | Section 20. The Public Aid Code is amended by changing | ||||||
20 | Section 12-3.1 as follows:
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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.
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8 | (Source: P.A. 98-127, eff. 8-2-13; 99-474, eff. 8-27-15.)".
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